Schwartz Manes & Ruby

04/05/2016

A school board cannot conduct public business via email if it invoves a majority of the board's members to circumvent the Ohio Open Meetings Act .

A private prearranged conversation between elected officials, whether face to face or via email, could violate Ohio open meeting laws, the state Supreme Court ruled.

14/04/2016

The U.S. Court of Appeals for the Sixth Circuit ruled that the warrantless collection of cellphone location records is constitutional.

The decision distinguished between the content of communications such as in emails and location information.

Federal agents can obtain cellphone records that reveal a caller's location without seeking a warrant, a federal appeals court ruled.

11/02/2016

In a narrow 5-4 decision the U. S. Supreme Court stopped the implementation of the “Clean Power Plan” which would have reduced carbon pollution.

Dividing five to four, the Supreme Court on Tuesday evening ordered the Obama administration not to take any steps to carry out its "Clean Power Plan," a move that may stall the plan until after the president leaves office next January. The order -- issued in identical form in individual

10/02/2016

The U.S. District Court for the Southern District of Ohio jury awarded $200,000 to each of the three former female general managers who filed a lawsuit alleging gender discrimination against Chipotle Mexican Grill restaurant

A federal jury in Cincinnati ruled this week that three women who used to be general managers at Chipotle restaurants had been discriminated against and fired because of their gender, and each was ...

09/02/2016

The Ohio Supreme Court is hearing arguments to decide whether a Township is liable for damages when an uninvolved automobile is struck by a police cruiser during a high speed chase.

COLUMBUS, Ohio (AP) — The Ohio Supreme Court is hearing arguments in the case of a woman who sued police over injuries she suffered after a high-speed chase ended when a burglary suspect collided with her car. Attorneys for Pamela Argabrite argue that...

03/02/2016

A fired Wal-Mart pharmacist filed a discrimination lawsuit alleging retaliation and gender bias in a New Hampshire U.S. District Court.

The jury awarded her 31.22 million dollars and most of the damages were for her gender bias claims.

27/01/2016

Uber is about to defend a class action lawsuit by its drivers

Lyft, an Uber competitor, has settled a class action lawsuit with its drivers.

However under the settlement, the Lyft drivers are still classified as independent contractors and not employees.

Ride-hailing company Lyft agreed to pay $12.25 million and offer new benefits in proposed class-action suit in California, but drivers still aren't employees.

26/01/2016

Who controls Indian reservation land occupied by non-Indian settlements?

The U.S. Supreme Court recently heard arguments and will decide whether a State or the Tribal Council has jurisdiction over the non-Indian settlements?

The ruling could affect hundreds of Indian tribes with non-Indian towns on their reservations.

Nebraska v. Parker will decide whether the state or the Tribal Council has jurisdiction over the village of Pender.

26/01/2016

Three former female general managers filed a lawsuit alleging gender discrimination against Chipotle Mexican Grill restaurant.

The trial started Monday in the U.S. District Court for the Southern District of Ohio.

22/01/2016

Some States give employers the right to opt out of their workers' compensation systems.

What if Ohio employers are permitted to opt out of the workers' compensation system?

Allowing an Ohio employer to opt out and write a workplace injury plan can seriously prejudice an injured employee’s right to benefits and other damages.

20/01/2016

The State of Ohio hires private attorneys to collect debts owed to the State.

The U.S. Supreme Court will decide if this is false, deceptive, or misleading to the debtors.

http://www.jdsupra.com/legalnews/who-is-exempt-from-liability-for-63012/

19/01/2016

The U.S. Supreme Court will accept a case and render a decision relating to the limits of presidential powers in an important immigration case.

The Supreme Court said it would rule on the Obama administration’s stalled plan to defer deportation of more than four million illegal immigrants, setting the stage for a blockbuster ruling on presidential powers in June.

18/01/2016

The Ohio Supreme Court’s decision continues to permit negotiations between criminal defendants and prosecutors for plea deals to lesser crimes that are different from the facts of the original more serious charges.

COLUMBUS, Ohio (AP) — Ohio defendants will still be able to plead to lesser crimes that don't bear much resemblance to the facts of the original charge, because the state's top court has rejected a proposal to end such…

18/01/2016

The U.S. Supreme Court will decide whether a police officer suspected of supporting a challenger to an incumbent mayor
can be demoted.

Does this violate a police officer’s legal rights under the First Amendment to the U.S. Constitution?

The high court will hear arguments on whether a Paterson police officer was wrongly demoted.

13/01/2016

In a narrow 4-3 decision the Ohio Supreme Court said that local zoning laws cannot be used to supersede Ohio's laws for regulating oil and gas drilling.

12/01/2016

Can a judge without the unanimous decision from a jury on the required aggravating circumstances impose the death penalty?

The U.S. Supreme Court answered, “no”.

11/01/2016

Should a non- member (teacher) be required to pay fees to a union?

The U.S. Supreme Court will decide whether to overrule its 1977 decision providing that a public employee union has the right to collect “fair share fees”.

07/01/2016

A class action lawsuit has been filed against Macy’s in a Florida federal court alleging false advertising and unfair, fraudulent and unlawful business practices.

The lawsuit claims that Macy’s fabricated original prices which misrepresented discounts to their customers.

Two women in Florida and California have sued Macy's and Bloomingdale's, accusing the stores of deceptive pricing. Kristin Haley and Sylvia Thompson allege

06/01/2016

The first known lawsuit filed to contest the rejection of an attempt to register for a same-sex marriage was accepted by a Chinese court.

05/01/2016

The U.S. Supreme Court will decide later this spring whether to hear a copyright infringement case against Google for book digitization. Does Google have the legal right to create digital copies of copyrighted books under the “fair use” doctrine?

04/01/2016

Ohio recognizes the employment-at-will doctrine however, an at-will employee can still have a cause of action for wrongful discharge that violates public policy.

04/01/2016

A request for unemployment compensation benefits is not automatically granted. Both the employer and employee must present sufficient evidence to either support or oppose an application for benefits.

29/12/2015

The Office for Civil Rights within the U.S. Department of Health and Human Services have failed to sanction health providers and other offenders who have repeatedly violated the federal patient privacy law known as the Health Insurance Portability and Accountability Act (“HIPAA”)

28/12/2015

Litigants should have the right to a just, speedy, and inexpensive determination of their lawsuits.

Effective December 1, 2015 there are significant changes to the Federal Rules of Civil Procedure to accomplish these goals.

The amendments address early case management, the overall scope of discovery, and for the first time, the rules directly address preservation of evidence, more specifically electronically stored information.

25/12/2015

HAPPY HOLIDAYS FROM SCHWARTZ MANES & RUBY

16/12/2015

The Federal Aviation Administration announced new regulations that will require hobbyists to register with the government before flying Drones.

Regulators will charge $5 fee to sign up remote-control drone users.