Weston Hurd is pleased to welcome back Paul M. Shipp who rejoins the firm as a Partner. Paul began his legal career as an Assistant Cuyahoga County Prosecutor and most recently, was the founder and managing member of The Paul Shipp Law Firm.
Paul is a seasoned litigator whose experience includes white collar criminal defense, criminal defense, business litigation, and general civil litigation.
As an extension of his work in the white collar defense realm, Paul has developed a sophisticated practice in corporate compliance (the rules and agencies governing corporate operations, government contracting, human resources, health care, real estate, finance, and securities).
Paul received his B.A. cum laude in 2002 from Bowling Green State University and obtained his J.D. cum laude in 2006 from Cleveland-Marshall College of Law.
In addition to his Ohio Bar admission, Paul is admitted before the United States District Courts for the Northern and Southern Districts of Ohio, the United States District Court for the Eastern District of Michigan, the United States District Court for the Eastern District of Texas, the United States Court of Appeals for the Sixth Circuit, and the United States Bankruptcy Court for the Northern District of Ohio.
Within the legal community, Paul is a member of the Cleveland-Marshall College of Law Alumni Association, a Life Member of the Eighth District Judicial Conference, and recognized as an Ohio Rising Star in White Collar Criminal Defense by Super Lawyers.
The intent of this issue of the Architects and Engineers Newsletter is to give an overview/comparison of the Owner A/E Agreements that are commonly used in Ohio. The focus is on those provisions that are problematic and can become major liability pitfalls. The form documents include Consensus, DBIA, OFCC, and EJCDC. AIA documents that are unaltered are not at issue. This article is not all inclusive of the potential liability pitfalls but rather is an effort to address the most glaring.
The entire newsletter can be read by clicking: 2022 – Architects and Engineers Newsletter – Fall
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Weston Hurd is pleased to announce that a record number of attorneys are recognized in The Best Lawyers in America© 2023 including David Patterson as “Lawyer of the Year” in Construction Law.
Best Lawyers® uses a methodology “…designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.” Best Lawyers® is the only purely peer-review™ guide to the legal profession.
Congratulations Weston Hurd attorneys:
Fred J. Arnoff – Named in The Best Lawyers in America© since 2010. Recognized in Real Estate Law.
Carolyn M. Cappel – Named in The Best Lawyers in America© since 2007. Recognized in Insurance Law and Product Liability Litigation-Defendants.
W. Charles Curley – Named in The Best Lawyers in America© since 2016. Recognized in Litigation-Insurance and Personal Injury Litigation-Defendants.
John G. Farnan – Named in The Best Lawyers in America© since 2011. Recognized in Commercial Litigation, Insurance Law, Personal Injury Litigation-Defendants, and Personal Injury Litigation-Plaintiffs.
Joseph A. Gerling – Named in The Best Lawyers in America© since 2003. Recognized in Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants.
Jeffrey W. Hutson – Named in The Best Lawyers in America© since 1995. Recognized in Personal Injury Litigation-Defendants.
Jack S. Kluznik – Named in The Best Lawyers in America© since 2007. Recognized in Employment Law-Management, Entertainment Law-Motion Pictures and Television, Entertainment Law-Music, Labor Law-Management, and Litigation-Labor and Employment.
Rick E. Marsh – Named in The Best Lawyers in America© since 2008. Recognized in Professional Malpractice Law-Defendants.
David T. Patterson – Awarded “Lawyer of the Year” 2023 in Construction Law. Named in The Best Lawyers in America© since 2016. Recognized in Construction Law.
Gregory D. Rankin – Named in The Best Lawyers in America© since 2008. Recognized in Medical Malpractice Law-Defendants.
Daniel A. Richards – Named in The Best Lawyers in America© since 2019. Recognized in Medical Malpractice Law-Defendants.
Richard J. Stahl III — Named in The Best Lawyers in America© since 2019. Recognized in Family Law.
Read the entire announcement by clicking here: Record Number of Attorneys from WESTON HURD LLP Recognized in THE BEST LAWYERS IN AMERICA 2023 Including “LAWYER OF THE YEAR” Award
Congratulations to the twelve attorneys in Weston Hurd’s Columbus office named Best Lawyers 2022 by Columbus CEO magazine.
The attorneys were selected through a multiphase process that combines a peer review survey, nominations of lawyers considered to be the best in their field of practice, and a screening and verification process to create a comprehensive listing of outstanding attorneys.
The depth and breadth of Weston Hurd’s legal services is demonstrated by the nine practice areas in which the 12 attorneys are recognized: appellate, commercial, construction, insurance, legal malpractice, medical malpractice, personal injury, real estate law, and trusts and estates.
In a recent decision in the Court of Appeals of Ohio, Tenth Appellate District, the court affirmed the decision by the Franklin County Court of Common Pleas, Probate Division, in a matter involving a name change for minor children to include with a hyphenation, the surname of the mother of the minors.
In this matter, Weston Hurd partner James Seguin represented the mother of minor twin children. After the mother and father divorced, Jim helped the mother file name change applications to change the name of her twins to include her maiden name to be hyphenated with the father’s surname. The father objected to the applications.
After a hearing, the Probate Court magistrate found in favor of the mother and granted the mother’s applications, finding the name changes to be in the best interests of the children. The Probate Court judge confirmed the Magistrate Decision.
The father then filed an appeal claiming that:
- The mother had waived her right to file these name change applications based on their divorce settlement agreement and related negotiations; and
- The mother did not meet her burden of “reasonable and proper cause” for the requested name changes.
The Court of Appeals overruled both assignments of error and affirmed the judgment of the Probate Court.
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Speaking today before the Greater Cleveland Automobile Dealers Association, Weston Hurd partners Robert Poklar and Matthew Miller addressed the very real issue of inventory supply in their presentation, “Sales Effectiveness Challenges with Limited Inventory.” Bob and Matt discussed the legal ramifications regarding automobile dealers inability to fulfill obligations under their franchise agreements with limited or non-existent inventories of vehicles and parts.
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Scenario: A customer comes to the dealership at the termination of his lease and wants to purchase the vehicle. Since it is a very desirable vehicle, the sales person and manager increase the purchase price by $5,000 and since it was eligible for a CPO program, they tacked that on to the purchase price and charged registration fees. Shortly thereafter the dealership receives a demand letter from an attorney. What are the dealership’s responsibilities?
This is going to be a very short You Auto Know®. The facts in the scenario are happening quite frequently since the market is short on new and used vehicles. The terms of the buyout are controlled by the lease agreement. The agreement has very specific terms regarding the buyout purchase price and the items that can be sold at the time of the purchase. In many lease agreements, the dealership cannot tack on any costs to the buyout price. This can include doc and registration fees. Further, it is a breach of the dealer financial institution agreement and the dealership can be punished by the financial source for violating the terms of the lease provisions.
In the scenario, the dealership has absolutely no defense and will be responsible for, at a minimum, reimbursing the customer for any items over and above the buyout price prohibited by the lease plus attorneys’ fees. In many situations, the amount can be tripled.
It is recommended that the dealership’s managers become familiar with the buyout provisions of the various financial institutions utilized to lease vehicles. Obviously, if it is a captive, your finance manager, sales manager and general manager should already know the terms of the buyout clause.
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Congratulations The Parker Skin & Aesthetic Clinic, Inc. on its new partnership with PhyNet Dermatology LLC. The Parker Clinic was represented in the transaction by Weston Hurd partners Mark Kruse, Scott Kahn, and Jerrold Goldstein.
Read the full news release:
Parker Skin & Aesthetic Clinic Partners with PhyNet Dermatology