Posted In: Litigation
Business Litigation Blog: Significant Amendments to Ohio Rules of Court
By David Sporar on July 8, 2020
David Sporar discusses recent amendments to the Ohio Rules of Court, effective July 1, 2020, that will, in some respects, change the way civil litigators manage their cases in Ohio courts....
The U.S. Supreme Court to Consider Cert. Petition Involving Ohio's Dormant Mineral Act
By Christopher F. Swing on December 22, 2016
Lo and behold, in reviewing whether any of the Ohio Dormant Mineral Act cases decided by the Ohio Supreme Court in September 2016 were appealed to the U.S. Supreme Court we discovered, in fact, one was: Walker v. Shondrick-Nau, No. 16-776, 2016 WL 7336573 (U.S.) (Dec. 14, 2016)....
Posted In: Litigation
Ohio Supreme Court Punts on Issue Affecting Many Ohio Oil and Gas Leases
By Matthew K. Grashoff on November 7, 2016
As I wrote last spring, the case of Lutz v. Chesapeake Appalachia, LLC, Case No. 2015-0545, offered the Ohio Supreme Court the chance to significantly impact Ohio law on the calculation of oil and gas royalties. Parties seeking some clarity on that topic will be disappointed to learn that the Ohio Supreme Court chose not to decide the question presented, instead sending the question back to the federal courts....
Fifth Circuit Court of Appeals Decision in Apache is Merely a Minor Setback for Social Engineering Fraud Victims
on October 31, 2016
The Fifth Circuit Court of Appeals, in an unpublished decision released this month, held that a Crime Policy's "Computer Fraud" coverage did not cover a $2.4 million loss suffered by a policyholder after a social engineering fraud was perpetrated on its accounts payable department. While the decision will undoubtedly be cited by insurers as persuasive authority supporting their denial of similar claims, the Fifth Circuit's decision should ultimately prove to be merely a minor roadblock on the path to coverage for policyholders....
Posted In: Litigation
What is Sexual Harassment in the Workplace and what can an Employer do about it?
on October 24, 2016
Workplace harassment is unlawful when an individual is harassed on the basis of his or her gender or other protected status, such as age, race, or religion; however, it's possible that sexual harassment may be the most prevalent type of workplace harassment. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. According to the Equal Employment Opportunity Commission ("EEOC"), "it is unlawful to harass a person (an applicant or employee) because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature."...