Expert Article by Office of Governor Edmund G. Brown Jr. Governor Edmund G. Brown Jr. today proposed reforms to strengthen and restore the intent of Proposition 65, a three decade old law enacted to protect Californians from harmful chemicals, that has been abused by some unscrupulous lawyers driven by profit rather than public health. The administration,…
Expert Article by Emily Wilcheck A recent case out of the Sixth District Court of Appeals in Ohio demonstrates how easily a few words (or the absence of a few words) in a severance or separation agreement can place a carefully crafted non-competition agreement into jeopardy. In Try Hours v. Douville, 2013-Ohio-53, an employer found itself…
Expert Article by Alexander Kipp As the 2013 NCAA Men’s Basketball Tournament enters its second weekend of competition, many employers are asking themselves: What kind of impact does March Madness have on employee productivity? While most employers assume, and many experts agree, that March Madness is a productivity drain, an equal amount of experts say that…
Expert Article by Jon Secrest Linda Eagle filed a lawsuit in federal court in Pennsylvania alleging claims under the Computer Fraud and Abuse Act (“CFAA”) and various state law claims. Eagle v. Morgan, 2013 WL 943350 (E.D. Pa. 2013). The federal court previously dismissed the federal claims under the CFAA but permitted the state law claims…
Expert Article by Brian Tarian On June 18, 1998, the claimant was an Ohio resident and was employed by Navistar, an Ohio self-insured employer. While at an event held by his employer in New Jersey the claimant was injured. Navistar filed a workers’ compensation claim for the claimant in New Jersey that was allowed in that…
Expert Article by Klodiana Tedesco In March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) revealed the newly revised Employment Eligibility Verification form, Form I-9, with a revision date of “(Rev. 03/08/13) N.” The newly revised Form I-9 makes several improvements designed to minimize errors in form completion. The new Form I-9 has added new data…
Expert Article by Doug Kennedy A recent decision by U.S. District Judge Geoffrey Frost of Columbus, Ohio, reiterates the importance of companies placing litigation holds upon receiving notice of potential employment actions. In a case filed by the EEOC (Equal Opportunity Employment Commission) against JPMorgan Chase Bank NA in 2009 (case no. 2:09- cv- 00864, U.S.…
Expert Article by Christopher R. Debski On February 4, 2013, the Third District Court of Appeals of Ohio decided the case of Serraino v. Fauster-Cameron, Inc., 2013-Ohio-329. Ms. Lindamarie Serraino worked as a medical technologist for Fauster-Cameron, Inc., dba Defiance Clinic, when she allegedly contracted salmonella poisoning from a contaminated lunch served in the Clinic’s break…
Expert Article by Alexander Kipp Late last year, in Holmes v. Crawford Machine, Inc., Slip Opinion No. 2012-Ohio-5380, the Ohio Supreme Court held that R.C. 4123.512(F) entitles a successful workers’ compensation claimant to recovery all attorney fees, up to the $4,200 statutory maximum, and all costs, rather than apportioned amounts, when a trial court approves…
Expert Article by Jaime Maurer On March 23, 2010, the Patient Protection and Affordable Care Act (PPACA) took effect. Among other things, the PPACA amended Section 7 of the Fair Labor Standards Act (FLSA) so as to require Employers to provide (i) “reasonable break time for an employee to express breast milk for her nursing…
Expert Article by Dan If you check the history of Bankruptcy and the US judicial system, you will be able to see that various kinds of significant changes come over in every 40 years. Last time when the changes were brought in was 1978. So, it is high time that the bankruptcy court is going…
Expert Article by Edward R. Hugo and Thomas J. Moses INTRODUCTION While the old saying would have us believe that “the more things change, the more they stay the same,” the exact opposite is true with regard to asbestos litigation. This article provides a synopsis of recent legal and procedural developments in several “hot…