On October 2, 2020, the Small Business Administration (SBA) issued a much-awaited notice clarifying the procedures for change of ownership for entities that have received Paycheck Protection Program (PPP) funds. The SBA issued a Procedural Notice, detailing required procedures impacting PPP borrowers and lenders if: (i) twenty percent or more of the common stock or other ownership interest […]
Effective September 15, 2020, purchasers of real property who meet the requirements to avoid environmental liability under the Federal Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) will also automatically satisfy those requirements and avoid environmental liability under Ohio law. Ohio has enacted Section 3746.122 of its Revised Code which essentially provides that if a […]
The emergence of the COVID-19 pandemic spurred policyholders and businesses to turn to their insurance carriers to seek potential “business interruption” and “civil authority” coverage. Policyholders are hoping this coverage will help offset some of the losses incurred as a result of the government shutdown orders in March and April 2020, which closed “non-essential businesses” […]
Ohio’s new COVID immunity bill (H.B. 606) became law on Monday, September 14, 2020, and provides broad legal immunity to individuals, schools and businesses from claims in connection with COVID-19. Businesses cannot be liable to employees, patrons or others for claims related to the transmission, exposure and/or contraction of COVID-19. The new law applies to Ohio entities […]
In this article from the Probate Law Journal of Ohio, Karen Davey discusses the proposed legislation that expands the surviving spouse’s rights beyond the decedent’s probate estate, establishing the “augmented estate.” The article examines why Ohio needs this law and the status of the proposed law. Two controlling cases in Ohio Smyth v. Cleveland Trust […]
Some of the more challenging legal issues facing construction litigators are covered in detailed articles written by Weston Hurd Partners John Farnan and Frederick Bills in the OACTA Quarterly Review (Summer 2020). John Farnan’s article, “Analyzing CGL Coverage for Construction Related Claims,” provides an overview of how insurers typically examine construction defect claims and lawsuits, […]
Leases often require business tenants to pay the real estate taxes for the premises. However, tenants do not have the right to challenge the property value(s) and amount of taxes if they are too high. A bill (Modify Property Tax Valuation Complaint Law – House Bill 751) recently introduced in the Ohio House of Representatives would permit business […]
Scenario: An older person comes to the dealership and purchases a vehicle and takes delivery. A few days later, her daughter wants to speak to you and indicates that her mother was not capable of purchasing a vehicle and that the daughter has power of attorney. She wants the transaction unwound. What is the dealership to do? This scenario […]
