In a close 43 vote, the Ohio Supreme Court has ruled that if a noncompete agreement of a company and its employee fails to contain language indicating it will apply to successors and assigns, that employee can leave and compete against the company into which his original employing company ultimately merges. . . 2012 – Client […]
Substitute House Bill 48 will become effective May 4, 2012. This act makes a number of changes to Ohio’s corporation and limited liability company (LLC) laws. If you do business in the form of one of these entities, these changes could affect you. Following is a brief description of some of the topics covered in […]
Maestle and Carlin Persuade Appellate Court to Reverse $1.5 Million Jury Verdict in a Case Alleging Intentional Interference with Inheritance Expectancy.
During the recent difficult economic downturn, an increasing trend has emerged where employees may engage in illegal or fraudulent conduct solely to further advance their personal well being, all to the detriment of the business that employs them. . . 2012 – How Employee Misconduct Can Lead to the Demise of a Business
In a February 15, 2012 decision, Havel v. Villa St. Joseph, 2012-Ohio-552, the Ohio Supreme Court upheld a key component of Ohio’s 2005 tort reform. Specifically, that tort reform included a requirement that trial courts bifurcate the punitive damage phase and evidence in a trial from the compensatory damage phase in a trial upon motion […]
Those involved with political subdivision claims will be interested in the Ohio Supreme Court’s new decision holding that sovereign immunity does not bar employee intentional tort claims when they arise out of the employment relationship. In Sampson v. Cuyahoga Metro. Hous. Auth., 2012 Ohio 570, defendant CMHA had plaintiff arrested in full view of his […]
In a close 43 vote, the Ohio Supreme Court has ruled that if a noncompete agreement of a company and its employee fails to contain language indicating it will apply to successors and assigns, that employee can leave and compete against the company into which his original employing company ultimately merges. . . 2012 – Client Advisory – Assuring Your Employees’ Noncompete Still Applies Post-Merger – June
Substitute House Bill 48 will become effective May 4, 2012. This act makes a number of changes to Ohio’s corporation and limited liability company (LLC) laws. If you do business in the form of one of these entities, these changes could affect you. Following is a brief description of some of the topics covered in the new law. As with any change in the law, it may be prudent to review your entity documents and update them as necessary to take advantage of some of these changes. . . 2012 – Client Advisory – Changes to Ohio’s Corporate and LLC Law Enacted – May
Maestle and Carlin Persuade Appellate Court to Reverse $1.5 Million Jury Verdict in a Case Alleging Intentional Interference with Inheritance Expectancy.
During the recent difficult economic downturn, an increasing trend has emerged where employees may engage in illegal or fraudulent conduct solely to further advance their personal well being, all to the detriment of the business that employs them. . . 2012 – How Employee Misconduct Can Lead to the Demise of a Business
In a February 15, 2012 decision, Havel v. Villa St. Joseph, 2012-Ohio-552, the Ohio Supreme Court upheld a key component of Ohio’s 2005 tort reform. Specifically, that tort reform included a requirement that trial courts bifurcate the punitive damage phase and evidence in a trial from the compensatory damage phase in a trial upon motion of any party. The obvious purpose of that law was to preclude the plaintiff’s attorney from inflaming the passions of the jury, with evidence that went to the issue of punitive damages, when the jury had not yet made a determination as to the plaintiff’s entitlement to compensatory damages. . . 2012 – Ohio Supreme Court Upholds Requirement that Trial Courts Bifurcate Compensatory and Punitive Damage Phases of Trials Upon Motion
Those involved with political subdivision claims will be interested in the Ohio Supreme Court’s new decision holding that sovereign immunity does not bar employee intentional tort claims when they arise out of the employment relationship. In Sampson v. Cuyahoga Metro. Hous. Auth., 2012 Ohio 570, defendant CMHA had plaintiff arrested in full view of his co-workers and local media after investigating employee use of agency credit cards for personal gasoline purchases. A grand jury indicted plaintiff for theft, but the prosecutor appeared for trial unprepared and had to dismiss the case. Plaintiff filed a union grievance and the arbitrator found that CMHA fired him without just cause and ordered reinstatement. Plaintiff ultimately resigned finding the work atmosphere intolerable. He then sued CMHA for intentional infliction of emotional distress and other claims. . . 2012 – Ohio Supreme Court Holds Sovereign Immunity Does Not Protect Political Subdivisions Against Employee Intentional Tort Claims
