Insights

Three Year Limitation Period for Taking Civil Action – Beat the Clock

January 27, 2016      |      Christopher B. Best, Esq.   

In 1968 the Ohio Supreme Court determined that municipalities may not extend the statute of limitations imposed by the General Assembly. Ohio House Bill 5 is slightly changing the limitations statute for municipal corporations taking civil action and should be the blueprint for how municipalities draft their ordinances surrounding limitations periods....

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Are You Doing Enough to Protect Your Patients and Residents?

November 24, 2015      |      Matthew M. Young, Esq.   

Under federal law, facilities that provide elder care services including nursing homes, adult daycares and home healthcare providers are prohibited from hiring employees that have been found guilty of neglect or abuse of a patient. Nonetheless, federal law does not require these facilities to conduct criminal background checks even though many states' laws do require such checks....

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Affordable Care Act and Affordable Healthcare

November 24, 2015      |      Sara M. Costanzo, Esq.   

In the world of a global marketplace at the touch of a button, it is increasingly incumbent upon people to shop around for nearly everything, including health care coverage. Prior to opening the marketplace for healthcare coverage last year, the Obama administration unveiled data showing that many Americans with health insurance bought under the Affordable Care Act could face substantial price increases in 2015 — in some cases as much as 20 percent — unless they switch plans. Whether this was intended to spur people to check out the new policies or was a harsh reality, this year has been telling....

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Pursuing a Damage Claim Against the Insurance Company

November 2, 2015      |      Amanda R. Yurechko, Esq.   

When utility property is damaged as a result of the actions of a driver or excavator, the insurance company cannot be named in a lawsuit by virtue of the insurance policy itself. The driver or excavator is the holder of that insurance policy, and as a result, case law in most states has held that a damaged third party does not have standing to sue the insurance company for failing to pay out under an insurance policy which should cover its damages. That said, when collecting damage claims, Weltman finds that insurance companies routinely refuse to pay out the limits of the policy where damages allegedly exceed the limits of the policy....

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What Constitutes Actual or Constructive Knowledge of a Defective Pole?

November 2, 2015      |      Jeffrey K. Bearss, Esq.   

It's often hard to know when equipment in the field is defective, as many things wear over time. Inspecting equipment is critical, to avoid incidence of resulting damage. When equipment is defective, and damages occur as a result, the utility is exposed to liability. In general, most states find that the utility, like other actors, must have notice of the defective condition before being held liable. In Michigan, when a rotted or otherwise defective utility pole falls and causes damage, the standard is similar to the governmental immunity standard for municipalities for potholes or road hazards, in that the utility must have knowledge of the hazardous pole before it caused the damage....

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Curfew Laws in Ohio

September 25, 2015      |      Jill A. Keck, Esq.   

On July 1, 2015, stricter teen driving laws went into effect in the State of Ohio.[1] The new law impacts all drivers between the ages of 16 and 18 years of age who hold a probationary license. While the restrictions may provide for some public peace, health and safety, they do not keep minors entirely off the streets or out of trouble. In some instances, more restrictive action may be necessary....

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