The Ohio Public Employees Retirement System (“OPERS”) recently changed the health care coverage for re-employed retirees that will go into effect on January 1, 2016. The changes are in response to federal health care regulations that affect OPERS members who return to work for an OPERS covered employer after they’ve retired. Those re-employed by an [...]
The question of whether drivers for the popular mobile ride-share service Uber are employees or independent contractors has been hotly contested since the founding of Uber in 2009. Uber has consistently characterized its business as a platform that connects people seeking rides with independent contractors. This arrangement is very valuable to Uber, if not necessary [...]
In Federal Insurance Co. v. Fredericks, an Ohio Court of Appeals upheld the dismissal of claims for intangible economic losses, such as lost profits, brought by related, unnamed parties to a construction subcontract. The Court applied the economic loss rule, which prevents recovery in tort of damages for purely economic loss. The case involved a [...]
FHKAD Attorneys Dan Downey and Frank Hatfield received summary judgment on behalf of the Brown County Prosecutor's Office. Five officials with the Ohio Department of Natural Resources Department of Wildlife (ODNR) sued the Brown County Prosecutor alleging, among other accusations, that the Brown County Prosecutor subjected them to a malicious prosecution, falsified evidence, and conspired [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
