Publications
An employer is obligated to pay for modifications to a claimant's bathroom, as well as repairs necessitated by the substandard construction of those modifications.
The claimant suffered a low back injury and was unable to use his legs. He was confined to a wheelchair as a result of his injuries. Following the claimant's injury, the employer loaned the claimant money to purchase a house.
Case Law Alert, 1st Qtr 2010
Appropriate disclaimers in employment documents, acknowledged by employee, negate any inference of an employment contract inconsistent with employment at will.
An employee's 90-day probationary period was extended by 30 days as a result of instances requiring reprimands.
Case Law Alert - 1st Qtr 2010
Shielding the employer from liability: the substantial burden of proof required to overcome the exclusive remedy provision of the Workers' Compensation Act.
The plaintiff, a Vietnamese immigrant, was employed as a line-worker for the defendant, a manufacturer of baked goods. The plaintiff did not speak, read or understand English.
Policies providing individual limits of UIM coverage for vehicles that are owned and held within the same household do not allow insureds to stack coverage.
The appellant sought new insurance policies for two cars that he and his wife owned.
Case Law Alert - 1st Qtr 2010
Court conditionally certified a class of persons employed as assistant managers who were classified as "exempt" pursuant to the fair labor standards act.
In Craig, the court conditionally certified a collective class under the Fair Labor Standards Act to provide notice to any assistant manager who was classified as an "exempt employee" in any one of the defendant's 4,901 stores.
Case Law Alert - 1st Qtr 2010
Meeting of the minds, not merely a client's signature, determines whether lawyers can recover based on hourly rate on an agreement for legal services.
A law firm may recover fees for legal services, as set forth in an unsigned contract, if there was a meeting of the minds as to the terms of the agreement.
Case Law Alert - 1st Qtr 2010
When a plaintiff seeks compensation from its uninsured motorist carrier, the party is not waiving its right to seek compensation from a defendant.
This action arises out of a motor vehicle collision in which the plaintiff was rear-ended by the defendant's vehicle and filed a subsequent negligence claim.
Case Law Alert - 1st Qtr 2010
An employee fired in retaliation for filing a workers' compensation claim is barred from pursuing a public policy wrongful discharge claim.
The syllabus of the Ohio Supreme Court decision in Bickers v. W. & S.
Case Law Alert - 1st Qtr 2010
Ten attempts at service within the statute of limitations constituted good cause for exceeding the deadline and did not warrant dismissal.
The plaintiff-appellant commenced this action on July 23, 2007, claiming personal injury damages allegedly caused by a motor vehicle accident on October 20, 2003. The defendant-appellees were served on December 22, 2007.
Case Law Alert - 1st Qtr 2010
The certificate of merit rule does not apply to a products liability claim involving defective design by a licensed professional engineer.
The decedent died in a work accident when he became trapped in a "dog box" in a power plant that was designed by the defendant.
Case Law Alert - 1st Qtr 2010