On Sept. 27, 2021, we posted about Ohio House Bill 401 and the potential for employers to lose workers’ compensation immunity for injuries incurred as a result of a mandatory vaccination. The bill would create a separate cause of action
Continue Reading The Ohio Legislature and dueling bills: Vaccinations and Ohio workers’ compensation
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October Privacy and Security Roundup: Cryptocurrencies endure scrutiny, China’s Privacy Law goes into effect and new EU SCCs now required
Across the globe, concerns continue regarding cryptocurrencies and digital currency exchanges. In the October edition of our Privacy and Security Roundup, we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the…
Continue Reading October Privacy and Security Roundup: Cryptocurrencies endure scrutiny, China’s Privacy Law goes into effect and new EU SCCs now required
Sure, the order is ‘final,’ but is it a final appealable order?
By Brad Hughes
Back in the late 1990s when I attended the University of Dayton School of Law, I had the opportunity to serve as an extern at Ohio’s Second District Court of Appeals for a few months. I remember the court administrator…
Continue Reading Sure, the order is ‘final,’ but is it a final appealable order?
OSHA sends emergency temporary standard mandating COVID-19 vaccination or weekly testing for companies with 100+ employees to White House for final approval
As we previously reported, on Sept. 9, 2021, President Biden directed the Occupational Safety and Health Administration (OSHA) to require employers with 100 or more employees to mandate COVID-19 vaccination or weekly testing as part of a new COVID-19 …
Continue Reading OSHA sends emergency temporary standard mandating COVID-19 vaccination or weekly testing for companies with 100+ employees to White House for final approval
Ohio Court of Appeals determines due diligence to find heirs under Marketable Title Act and service by publication were sufficient to uphold default judgment
The Ohio Court of Appeals for the Seventh District recently affirmed the entry of default judgment on a Marketable Title Act claim in 4 Quarters, LLC v. Hunter, finding that the due diligence to locate heirs was sufficient and…
Continue Reading Ohio Court of Appeals determines due diligence to find heirs under Marketable Title Act and service by publication were sufficient to uphold default judgment
Be prepared: Federal contractor vaccine and mask requirements are here
By Jourdan Day
On Sept. 24, 2021, the Safer Federal Workforce Task Force (Task Force) issued the COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors. The Guidance, which is part of President Biden’s COVID-19 Action Plan, Path Out of the Pandemic,…
Continue Reading Be prepared: Federal contractor vaccine and mask requirements are here
When is the ‘abuse of discretion’ standard of review actually ‘de novo’?
By Terry Posey
An Ohio appellate practitioner has two primary questions to answer. First, “Do I have a final appealable order?” Assuming the answer to that question is yes, the second question is, “What’s the applicable standard of review?” On Sept. 22, 2021,…
Continue Reading When is the ‘abuse of discretion’ standard of review actually ‘de novo’?
Federal Court holds that private employer’s mandatory vaccination policy is lawful
The Eastern District of Kentucky, which falls within the purview of the U.S. Sixth Circuit Court of Appeals, recently denied injunctive relief to a group of plaintiffs who challenged their employer’s mandatory vaccination requirement in Beckerich, et al., v. St. …
Continue Reading Federal Court holds that private employer’s mandatory vaccination policy is lawful
Religious Freedom Restoration Act claims against FERC-regulated pipeline must be presented initially to FERC, regardless of damages sought
Relying on a 2018 decision from the United States Court of Appeals for the Third Circuit, a Pennsylvania district court reaffirmed that Religious Freedom Restoration Act (RFRA) claims against a Federal Energy Regulatory Commission (FERC)-regulated pipeline must be made initially…
Continue Reading Religious Freedom Restoration Act claims against FERC-regulated pipeline must be presented initially to FERC, regardless of damages sought
Plaintiff lessors bear burden of proof in royalty breach claim
In the Tennant v. Range Res. Appalachia decision issued on Sept. 21, 2021, Judge Hardy of the Western District of Pennsylvania determined that unless an oil and gas lease expressly shifted the burden to the defendant lessee, the plaintiff lessors…
Continue Reading Plaintiff lessors bear burden of proof in royalty breach claim