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
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
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
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
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
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
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?
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 on behalf of the principal. First and foremost, a power of attorney is only valid … Continue reading Power of Attorney Does Not Permit Self-Dealing
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 stopped their cruiser, got out and walked around the vehicle. Moments later, two men came … Continue reading Officer’s Illegal Seizure Results in Suppression of Evidence
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
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
You know it is funny, before I went to law school I was mystified and impressed by attorneys' using legalese. While I was in law school, it infuriated me, and I swore I would make every effort possible to avoid using legalese when interacting with clients. Now that I'm an attorney and actually interacting with clients, … Continue reading What is a probate asset?
The Ohio Estate Tax was a 6% tax that applied to estates that had a net value in excess of $338,333. The 6% tax was levied on every dollar over $338,333. Once the value of the estate reached $500,000, the rate changed to a 7% tax. The repeal of the Estate Tax is effective … Continue reading Ohio Eliminates State Estate Tax
On April 12, 2011, the Franklin County Municipal Court, Judge Barrows, issued a ruling on a suppression hearing that was held thirteen days earlier. At issue during the suppression hearing was whether or not the senior operator of the breathalyzer had the proper credentialing to operate the breathalyzer. Pursuant to Ohio law, operators must be properly … Continue reading Breathalyzer Test Results Thrown Out
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