“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 information age where forms and documents are readily available and people do not realize they don't … Continue reading “But I’m the power of attorney” — Good for you

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 around metal joists that were used in construction of the home that emitted a magnetic field.  The … Continue reading Home Builder’s Duty to Construct Home in a ‘Workmanlike Manner’ Can’t Be Waived

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 seems to be something more likely to be seen in a Soap Opera than real … Continue reading Should These Children Receive Social Security Benefits?

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.  Thirteen years later, in 1997, the Ohio Turnpike Commission began a maintenance and construction project … Continue reading Ohio Turnpike Commission Liable to Landowners for Taking & Nuisance

“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 result of the crash caused the Horvath to suffer serious permanent injuries. Due to the permanent … Continue reading “Hitting” the Slopes

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 went to work challenging the PPACA's constitutionality in Federal Court, some members of the Ohio … Continue reading Affordable Care Act Litigation Update