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Exemptions to ‘The American Rule’ in Ohio

10 Jan 2019

Obtaining a Judgment for Attorneys’ Fees for Prosecuting Claims and Defending Counterclaims By Jo A. Tatarko, Esq. Under ‘The American Rule’, litigants in most civil cases cannot recover their attorneys’ fees. However, there are exceptions. A party can seek to recover...

The Intersection of Divorce and Business in Ohio

27 Dec 2018

Running a business with your spouse or as a family may seem ideal when your relationship is healthy. But, when the relationship breaks down, sharing ownership of and responsibility for a business can be a minefield of emotional, professional, and...

tree cutting / tree trimming in Ohio law

To Cut or Not to Cut: That is the Question.

24 Dec 2018

By Erik Walter Legal Aspects to Consider Before Cutting Trees While trees may be the most prized possession on someone’s land, they can also be one of the largest nuisances to others. Issues include falling leaves, falling branches, limbs hanging...

Is Debt Settlement a Good Alternative to Bankruptcy?

20 Dec 2018

Nobody relishes the idea of filing for bankruptcy, so it’s no surprise that many people struggling with debt are eager to find a viable alternative. Unfortunately, people in difficult circumstances don’t always make a thorough, objective assessment when an option...

Unexpected Complications for Families of Undocumented Immigrants

17 Dec 2018

The challenges faced by undocumented immigrants in Ohio and around the country are well known: the inability to work legally, predatory employers who pay below-minimum-wage rates to workers with few options, lack of access to public benefits, and more. But,...

Workers Across Industries at Risk for Back Injury

13 Dec 2018

We think of work-related back injury in connection with jobs that require heavy lifting or labor, but the truth is that employees across a wide range of injuries and performing a wide range of jobs suffer work-related back injuries. The...

Worried about workers’ compensation benefits due to company insolvency

What Happens to My Workers’ Compensation Benefits if My Employer Shuts Down?

10 Dec 2018

A company shutdown can be jarring and disruptive for any employee, but most are free to file for unemployment compensation and begin a new job search. The prospect of an employer going out of business may be particularly alarming for...

Ohio Workers’ Compensation Death Benefits and Accrued Compensation

06 Dec 2018

Fortunately, fatal on-the-job injuries are relatively rare in Ohio. In the fiscal year 2017, just 155 of 97,931 claims filed with the state workers’ compensation fund involved a death. When an employee is killed at work or dies as the...

Suing for Unpaid Fees for Services Rendered

04 Dec 2018

By Juliana Timko Tindall – Associate Understanding the Process of Suing for Unpaid Fees for Services Rendered For the sake of making things easy, let’s say you are the owner of a landscaping company and someone hires you to do...

The Most Common Work Injuries May Surprise You

03 Dec 2018

When you think of work injuries, you probably picture something sudden and dramatic: a fall from a construction scaffold, a hand caught in a piece of machinery or a chemical burn. While all of those injuries can and do occur...

Employment Law Overview

28 Nov 2018

By Kristen M. Kraus – Partner Employment Law Considerations If you have ever reviewed a severance agreement on behalf of an employee, you have likely come across a series of acronyms like ADEA, ADA, ADAA, GINA, FMLA, WARN, OWBPA and...

Review of RBG: An Homage to Ruth Bader Ginsburg’s Legal Career

12 Nov 2018

By Jo A. Tatarko, Esq. I am a big fan of films about lawyers, such as To Kill A Mockingbird, Philadelphia, and My Cousin Vinny. But, RBG is in a category of its own. RBG is an homage to Ruth Bader...

The Cost of a Name: Common Trademark Pitfalls for Businesses

22 Oct 2018

By Steven Howard Roth Starting a business is often an exciting and fulfilling endeavor. Perhaps you came up with an amazing new, innovative or revolutionary product or service that you’re absolutely sure will be a huge success, or you’re simply acquiring...

The Little-Known “Parole in Place” Immigration Option

18 Oct 2018

Ohio Family’s Plight Spotlights Little-Known “Parole in Place” Immigration Option Ohio resident Juan Carlos Moncada is facing deportation proceedings, but that probably could have been avoided if the family had been aware of legal provisions intended to help the families...

What is a “Fiancé Visa” and How Does it Work?

15 Oct 2018

Marriage-based immigration can be complicated when the U.S. citizen’s fiancé is not currently in the United States and does not have a valid visa. The K-1“ fiancé visa” simplifies the process by providing a window during which the fiancé of...

When a Slip and Fall is More than an Accident

11 Oct 2018

Falls happen. Most of us have slipped on a wet floor or icy sidewalk tripped on an uneven sidewalk or even fallen out of bed at some point in our lives. While these tumbles may be jarring, most don’t cause...

Right to Remain Silent - Miranda Warning

Exercising Your Right to Remain Silent in Ohio

08 Oct 2018

If you own a television set, you’re probably familiar with Miranda warnings and the “right to remain silent.” You can probably recite the opening lines of the classic Miranda warning: You have the right to remain silent. Anything you say...

The Power of the Chapter 7 Bankruptcy Discharge

04 Oct 2018

In a successful Chapter 7 bankruptcy case, many unsecured debts are discharged. Because “bankruptcy discharge” is a legal term unfamiliar to many people, we tend to talk about the discharge in plain languages, such as “eliminate debts” or “wipe out...

Insolvent Business - shuttered storefront

When to Shut Down a Business

01 Oct 2018

One of the toughest challenges business owners face is determining whether and when it’s time to accept defeat and close down the business. Since most businesses experience unstable income and other setbacks during the early days, it can be difficult...

What If I’m Partly to Blame for My Own Personal Injury?

27 Sep 2018

When you’re injured through someone else’s negligence, you are generally entitled to pursue compensation from that person or entity. For example, when you’re injured in a car accident that was someone else’s fault, the other driver may be responsible for...

Ohio Workers’ Compensation for Occupational Disease & Illness

24 Sep 2018

Workers’ compensation isn’t just for on-the-job injuries: the Ohio workers’ compensation system is also designed to provide for victims of occupational disease. For example, you may be entitled to workers’ compensation benefits if you are suffering from an illness or...

When is a Manufacturer Responsible for a Defective Product?

20 Sep 2018

Most of us use and rely on products hundreds of times each day, from the coffee pots we switch on in the morning to the vehicles we drive to work and the equipment we use when we arrive. Some products...

Eligibility for naturalization - naturalization ceremony

Eligibility for Naturalization in the U.S.?

17 Sep 2018

Naturalization is the process by which a citizen of a foreign nation applies for citizenship and becomes a citizen of the United States. Citizenship offers many benefits for those residing in the U.S., including: The right to vote The ability...

How is an Ohio Workers’ Compensation Settlement Determined?

13 Sep 2018

The Ohio workers’ compensation system is structured to provide ongoing payments to an injured worker while he or she is unable to work and to pay for necessary medical care. However, in some cases, the employer, the Bureau of Workers’...

What are Benefit Corporations or “B-Corps”?

12 Sep 2018

By Joshua J. Strickland, Esq. Last month Senator Elizabeth Warren made some headlines with her op-ed piece in the Wall Street Journal regarding her introduction of what she has called the “Accountable Capitalism Act”. This Act, if passed, would essentially require...

Distracted Driving Dangers Go Far Beyond Cell Phones

10 Sep 2018

Distracted driving is a serious problem in Ohio and around the country, claiming thousands of lives across the U.S. each year and contributing to hundreds of thousands of injuries. Distracted driving plays an especially prominent role in accidents involving young...

Ohio Immigrants Play Critical Role in State and Local Economies

Ohio Immigrants Play a Critical Role in State and Local Economies

06 Sep 2018

Compared with some coastal states, Ohio doesn’t draw a large number of immigrants. In fact, the state falls into the bottom five in terms of percentage of foreign-born residents and comes in at less than 1/3 of the national average....

The Complicated State of Ohio Marijuana Laws

03 Sep 2018

The state of Ohio is in the process—though behind schedule—of implementing a legal medical marijuana program. 13th District Congressman Tim Ryan has publicly stated that marijuana possession should be legal in all 50 states and has co-sponsored a bill that...

Why Are My Real Estate Taxes Increasing and What Can I Do About It?

29 Aug 2018

By: Jodi Littman Tomaszewski, Partner and Dworken & Bernstein Co., LPA If you live in Northeast Ohio you may have recently received an unwelcomed notice in the mail informing you that your real estate taxes will be increasing. You may...

How Bankruptcy Can Stop Debt Collectors Instantly

26 Jul 2018

The two common types of consumer bankruptcy—Chapter 7 bankruptcy and Chapter 13 bankruptcy—offer very different solutions. But, these two debt management options have one very important thing in common: the automatic stay – which can stop debt collectors immediately. What...

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