Monthly Archives: April 2015


Federal Court Grants Summary Judgment to Sheriff’s Office in Jail Suicide Case

Dan Downey and Paul Bernhart recently received summary judgment on behalf of the Licking County Sheriff's Office in a jail suicide case. William Overbey committed suicide while incarcerated in the Licking County Justice Center awaiting trial on domestic abuse charges. Overbey was placed on "potential suicide risk" by a jail deputy and evaluated by a [...]

2017-10-24T13:31:25-04:00April 17th, 2015|Case Study|

The Supreme Court Decides in Favor of Former UPS Worker on Pregnancy Discrimination Claim, Allowing Her Claim to Move Forward

In a 6-3 decision, the Supreme Court of the United States issued an opinion on March 25, 2015, reviving a former UPS driver’s pregnancy discrimination suit against her former employer, UPS. In Young v. United Parcel Services, the Court vacated the Fourth Circuit Court of Appeals’ decision granting judgment to UPS, and has potentially made [...]

2017-10-24T13:31:25-04:00April 15th, 2015|Latest News, Newsletter|

FMLA Policy Could Expose Employer to Liability

Employer policies can impact an employee’s Family Medical Leave (FMLA) eligibility. The Sixth Circuit Court of Appeals recently reversed summary judgment for an employer based on the employer’s policy that indicated the employee was eligible for FMLA leave. Tilley v. Kalamazoo Cty. Road Comm., 2015 WL 304190 (6th Cir. 2015). An employee of the Kalamazoo [...]

2017-10-24T13:31:25-04:00April 15th, 2015|Latest News, Newsletter|

Upcoming Supreme Court Decision on Employer’s Requisite Notice for Religious Accommodation

The U.S. Supreme Court recently heard arguments in a religious discrimination suit brought by the EEOC against clothing retailer, Abercrombie & Fitch. This case arose from an Abercrombie & Fitch applicant who wore a hijab, or headscarf, during her interview and was subsequently not hired. Abercrombie & Fitch has a strict “Look Policy,” which requires [...]

2017-10-24T13:31:25-04:00April 15th, 2015|Latest News, Newsletter|

An Individual Can Sue Based on a Denial of Public Records Even Though Someone Else Made the Request

In a case of first impression, on March 25, 2015, the Ohio Supreme Court held that a person has standing to bring a lawsuit for denial of public records even though that individual did not make the disputed public records request. State ex rel. Quolke v. Strongsville City School Dist. Bd. of Edn., Slip Opinion [...]

2017-10-24T13:31:25-04:00April 15th, 2015|Latest News, Newsletter|

Firearm Specification Does Not Apply to Police Officers Acting in Line of Duty

Ohio’s firearm specification law imposes a mandatory three-year prison term when a person uses a gun in the commission of a crime. The Ohio Supreme Court has ruled that an on-duty police officer acting within the course and scope of his employment cannot be subject to Ohio’s firearm specification. The case of State v. White [...]

2017-10-24T13:31:25-04:00April 15th, 2015|Latest News, Newsletter|

Federal Marijuana Bill Introduced

On March 10, 2015, a bipartisan group of U.S. senators introduced the Compassionate Access, Research Expansion, and Respect States (“CARES”) Act. The primary focus of the legislation is to reclassify marijuana under the Controlled Substances Act from a “schedule I” substance to “schedule II” substance under Federal law. Schedule I drugs are defined to have [...]

2017-10-24T13:31:25-04:00April 15th, 2015|Latest News, Newsletter|

Update on Ohio Workers’ Compensation Bills

Last January, Fishel Hass reported on Senate Bill 252. In December of 2013, SB 252 was introduced in the Ohio Senate to exempt police and fire employees from the effects of a Supreme Court decision that held that psychiatric conditions, without an accompanying physical injury or occupational disease, are not compensable under workers’ compensation. Armstrong [...]

2017-10-24T13:31:25-04:00April 15th, 2015|Latest News, Newsletter|