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

Make your life easier – hacks for being a caregiver

Here are a few things that have made my life easier as a caregiver: Code locks on family member's home - I hate when I've needed to get into mom's house, but can't because I left her keys at home.  A code lock has vastly improved my life in that I don't have to go … Continue reading Make your life easier – hacks for being a caregiver

You Ain’t Atlas – Caregiver

Being a Caregiver to a Family Member with Clinical Mental Illness I don't know if it was because it was my mom, or if it was my Super Man complex (not actually a thing) coming into play, but when I got the call mom was in the Emergency Department, I immediately went into fix-it mode.  … Continue reading You Ain’t Atlas – Caregiver

My Baptism – Caregiver Journey

A brief anecdote of how my journey as a caregiver to a family member with mental illness began It was the summer after my sophomore year of college when I found out my mother had a clinical mental illness.  I was sound asleep when the phone rang. "Is this Chris Murphy?" asked an unfamiliar voice. … Continue reading My Baptism – Caregiver Journey

This thing still work?

It's been almost five years since I wrote on this here blog.  Handled a couple thousand matters - found a good friend to practice law with and have assembled an outstanding staff of good folks. My practice is generally geared towards business and healthcare providers, license holders, permits, small businesses, etc.  Those are the clients … Continue reading This thing still work?

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 Wrights, the former owners and Defendants, properly disclosed they had previously encountered moisture in the basement, … Continue reading Selling Your Home? Be Sure to Disclose Any Known Issues.

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 Sullivan, was involved in a series of home invasions. Due to limited government resources, law enforcement … Continue reading Attachment of GPS Device Without Warrant Violates 4th Amendment

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 payments resulting in the automobile being repossessed and a deficiency on the promissory note. The … Continue reading Court of Appeals Upholds Contractual Rate of Interest

“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

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 fifteen (15) year statute of limitation for the commencement of a legal action on a … Continue reading Changes to Ohio’s Statute of Limitation for Written Contracts

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

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 violation of the suspect's Fourth Amendment rights.  The Fourth Amendment protects the "right of the … Continue reading Government Attachment of GPS Unit to Car is Violation of Fourth Amendment

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?