Who gets paid from an estate when someone dies?
Category: Civil Litigation
News, stories, and tips on civil litigation.
How to deal with liars
We all deal with them. Folks who have zero compunction about lying. And, if you confront them about it, guess what? They'll lie more, blame you, or further complicate the matter. So what do you do? Document the file. And this can be done in a variety of ways. For lawyers, we document the file … Continue reading How to deal with liars
Knowing when to stop the dialogue.
Whether it is at home, in litigation, or in a negotiation, there are moments in life where continuing to communicate will push you further from your goal. Knowing when to stop the communication requires some intuition and experience. A feel for whether you can convince the other side to "see the light." No matter how … Continue reading Knowing when to stop the dialogue.
A word about LLCs
"I'm protected, I have a LLC." I've heard it a thousand times. As a lawyer, it frustrates me to no end. I don't want to burst anyone's bubble, but filing a LLC, alone, does nothing to protect anyone from anything. Why is that? The idea behind a limited liability company is that is a separate … Continue reading A word about LLCs
Changing the Statute of Limitations – Again?
The Ohio Legislature is busy reviewing and revising the statute of limitations for contracts. Again. Service providers and lenders, listen up. R.C. 2305.06, provided a fifteen (15) year statute of limitations to bring a civil action to enforce the rights of a written contract, but this law was changed by the 129th General Assembly when … Continue reading Changing the Statute of Limitations – Again?
Home Improvement Contracts
The matter I hate the most? When a homeowner calls reporting problems with a contractor. Why? There is only so much I can do before the cost of my services are going to outweigh the remedies or benefits that are available to the homeowner. Why is that? It's situational. Sure, I can file a lawsuit … Continue reading Home Improvement Contracts
Reminder – New Year, New Statutory Interest Rate
Just a reminder as we are at the beginning of 2019... The Ohio Tax Commissioner set the statutory interest rate on judgments to 5%. Make sure your motions and entries reflect this change.
“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