Litigation

The Fifth Appellate District Affirms the Implied Duty to Act in Good Faith in Contract Matters It is well established in Ohio that “public policy dictates that every contract contains an implied duty for the parties to act in good faith and to deal fairly with each other.”  Gator...

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Subcontractor Dispute Highlights the Significance of Accurate Verbiage in a Construction Contract Between Two Subcontractors. For clients engaged in the construction field, the use of “pay-when-paid” and “pay-if-paid” provisions in construction contract documents is likely a common occurrence.  However, a recent decision from the Summit County...

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The US Tax Court in Rosenberg v. Commissioner, TC Memo 2019-124 has ruled that an IRA distribution, made after a couple divorced, was taxable and subject to the 10% excise tax because: (1) no exception to the 10% excise tax applied and (2) the Court...

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Ohio Moves Forward with Licensing for Home Inspectors On January 4, 2019, Governor John Kasich signed into law Ohio’s New Home Inspection Act.  Efforts to regulate home inspections, and require licensure for Ohio Home Inspectors has been ongoing for several years, but no legislation ever had...

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If not, you should be aware that the deadline to file Complaints with the County Board of Revision against the valuation of your property is March 31, 2018. Updated real estate tax notices have been sent out, and you should review these for your personal...

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In November, 2018 Ohio’s Data Protection Act went into effect with the goal of incentivizing businesses that access, maintain, or process “Personal Information” to update their cyber security programs.  The “carrot” if you will, comes in the form of immunity for any tort claims brought...

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On December 14, in Texas v. United States, a District Court judge in the Northern District of Texas held that the Affordable Care Act (“ACA”) violates the United States Constitution. Where does this leave employers who have over 50 employees and are providing health coverage...

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