Author Archives: Murphy Law Office, LLC

Selling Your Home? Be Sure to Disclose Any Known Issues.

In Markel v. Wright, 2013-Ohio-5274, Brooke Markel, the Plaintiff, sued the former owners of her home after encountering moisture in her basement.  To remedy the wet basement, the Plaintiff spent $16,500 to waterproof the basement.  Prior to selling the home, the … Continue reading

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Attachment of GPS Device Without Warrant Violates 4th Amendment

In State v. Sullivan, 2013-Ohio-5276, the Fifth District Court of Appeals tackles whether it is constitutional for law enforcement to attach a GPS monitoring device to a suspects car without a search warrant.  In short, law enforcement believed the suspect, Montie … Continue reading

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Court of Appeals Upholds Contractual Rate of Interest

The Fifth District Court of Appeals has rendered its decision in Phoenix Fin. Solutions, Inc. v. Jackson, 2013-Ohio-5280. In this case, the Defendant entered into a promissory note for the purchase of a motor vehicle. The Defendant defaulted on his … Continue reading

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“But I’m the power of attorney” — “Good for you”

I am not sure who to blame for this.  Perhaps it is the fault of lawyers who fail to properly advise clients when a power of attorney is signed.  Or, maybe what I am seeing is the result of the … Continue reading

Posted in Civil Litigation, Estate Planning Law, Health Care Law, Insurance Law | Tagged | Leave a comment

Changes to Ohio’s Statute of Limitation for Written Contracts

The Ohio Legislature was busy this year bringing about many changes to the Ohio Revised Code; however, few changes are more important to service providers and lenders than the changes brought about by S.B. 224. Historically, R.C. 2305.06 provided a … Continue reading

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Home Builder’s Duty to Construct Home in a ‘Workmanlike Manner’ Can’t Be Waived

The Ohio Supreme Court issued a decision in Jones v. Centex Homes this week and concluded that a home builder’s obligation to construct a home in a workmanlike manner cannot be waived in contract. The facts underlying the suit center … Continue reading

Posted in Civil Litigation | 1 Comment

Government Attachment of GPS Unit to Car is Violation of Fourth Amendment

The United States Supreme Court just issued its opinion on United States v. Jones in January of 2012.  The issue before the Court was whether or not law enforcement’s attachment of a GPS unit to a suspect’s vehicle was a … Continue reading

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Should These Children Receive Social Security Benefits?

After a quick review of the United State Supreme Court’s docket for upcoming oral arguments, a case with a peculiar fact pattern caught my eye.  Astrue v. Capato is set for oral argument in March of 2012, and the fact pattern … Continue reading

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Power of Attorney Does Not Permit Self-Dealing

A power of attorney is a document signed by a principal that empowers another person, an agent or attorney-in-fact, to perform acts on behalf of the principal.  There are some key limitations to what an agent or attorney-in-fact may do … Continue reading

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Officer’s Illegal Seizure Results in Suppression of Evidence

On October 7, 2009, two police officers pulled into a Walgreens parking lot and noticed a pickup truck that was poorly parked leaving the rear of the vehicle hanging approximately four feet into the thoroughfare of the parking lot. The officers … Continue reading

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