Category Archives: Civil Litigation

News, stories, and tips on civil litigation.

“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

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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

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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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Ohio Turnpike Commission Liable to Landowners for Taking & Nuisance

The Ninth District Court of Appeals of Ohio (Summit County) recently affirmed a jury verdict in favor of local landowners on their nuisance and takings claims against the Ohio Turnpike Commission. In 1984 the Amores purchased a piece of property in Peninsula, Ohio.  … Continue reading

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“Hitting” the Slopes

I was thumbing through a list of notable cases recently and thought I’d share one that may be of interest in light of the approaching ski season. In Horvath v. Ish, a female skier, Horvath, was struck by a fourteen-year-old male, Ish, who was snowboarding.  The … Continue reading

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Affordable Care Act Litigation Update

The Patient Protection and Affordable Care Act (PPACA) was signed into law by President Barack Obama on March 23, 2010.  Since the PPACA’s enactment, a number of states and interest groups have filed lawsuits challenging the PPACA’s constitutionality. While lawyers … Continue reading

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