Ohio’s Constitution contains a ban on legal recognition of same sex unions. Consequently, despite a recent United States Supreme Court case permitting states to recognize same sex marriage, Ohio same gender spouses who file a joint federal tax return, may not file a joint Ohio state tax return even if they were married in a […]
In Marusa, et al. v. Erie Ins. Co., slip opinion 2013Ohio1957, decided on May 21, 2013, the Ohio Supreme Court clarified and distinguished its prior holding in Snyder v. Am. Fam. Ins. Co., 114 Ohio St.3d 239, 2007Ohio4004. . .2013 – Ohio Supreme Court Rules that an UM Claim is Not Barred Even Though Plaintiff […]
In Westfield Insurance Company v. Custom Agri Systems, Inc., 2012 Ohio 4712, decided October 16, 2012, the Ohio Supreme Court finally, after years of litigation in the Ohio lower courts, definitively answered this question certified to it by the United States Court of Appeals for the Sixth Circuit: (1) Are claims of defective construction/workmanship brought […]
On August 27, 2012, the Eleventh District Court of Appeals issued a unanimous decision reversing and setting aside a $574,121.32 judgment against Huntington Bank as successor in interest to Sky Bank. This matter arose from alleged damages incurred during the construction of the W. Thomas James’ Funeral Home. Maestle Persuades Court of Appeals to Reverse […]
In a 7-0 decision, the Ohio Supreme Court, in Arnott v. Arnott, Slip Opinion No. 2012-Ohio- 3208, held that an appellate court should apply an abuse of discretion standard when reviewing a trial court’s holding to the question of standing, e.g., the appropriateness of the case for declaratory judgment and should apply a de novo […]
In a close 43 vote, the Ohio Supreme Court has ruled that if a noncompete agreement of a company and its employee fails to contain language indicating it will apply to successors and assigns, that employee can leave and compete against the company into which his original employing company ultimately merges. . . 2012 – Client […]
Substitute House Bill 48 will become effective May 4, 2012. This act makes a number of changes to Ohio’s corporation and limited liability company (LLC) laws. If you do business in the form of one of these entities, these changes could affect you. Following is a brief description of some of the topics covered in […]
Maestle and Carlin Persuade Appellate Court to Reverse $1.5 Million Jury Verdict in a Case Alleging Intentional Interference with Inheritance Expectancy.
