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Reminger Reports Archive

Date Subject Practice Area Attorney(s)
4/12/2017
Indiana Expands Workers’ Compensation Compensability to Broaden Coverage for “Volunteer Work”
3/27/2017
Ohio Supreme Court Narrows Voluntary Abandonment Defense
3/20/2017
Ohio State and Federal Courts Find No Standing to Assert Technical Violations of the FCRA’s Background Check Disclosure Requirement
3/20/2017
Indiana Medical Malpractice Plaintiffs May Present New Theories of Liability at Trial That Were Not Argued to the Medical Review Panel
3/13/2017
New Ohio Law Provides Limited Exception To Employer’s Right To Prohibit Firearms On Its Premises
3/1/2017
Estimates from Common Metering System are Insufficient to Maintain Oil and Gas Lease
2/20/2017
Minor Golf Cart Collision on Indiana Courses Considered “Ordinary Behavior” and an Inherent Risk in the Game of Golf
2/13/2017
Indiana Applies Heightened Summary Judgment Standard In Determining Vicarious Liability For An Employee Driving A Provided Company Vehicle
1/25/2017
Technical Violations of the Fair and Accurate Credit Transaction Act (FACTA)
1/16/2017
Ohio Supreme Court Determines That The Independent Corroborative Evidence Necessary To Prove An Uninsured Motorist Claim Need Not Be Independent
1/4/2017
No Permanent Partial Disability And Permanent Total Disability Benefits At The Same Time, In The Same Claim In Ohio
1/4/2017
Indiana Court of Appeals Allows Negligent Hiring Claim Despite Admission that Employee Acted Within Scope of Employment
12/27/2016
Ohio Supreme Court Upholds Damage Caps As Applied To The Sexual Assault Of A Minor
12/14/2016
Ohio Supreme Court Decision Permits Immediate Appeals from Discovery Orders Requiring Disclosure of Privileged Materials
12/7/2016
Ohio Supreme Court Finds That An Action At Law On A Promissory Note To Collect A Mortgage Debt Is Separate And Distinct From An Action In Equity To Enforce A Mortgage Lien On Property
12/6/2016
Ohio Supreme Court Amends Attorney Rules Of Professional Conduct To Specifically Allow Attorneys To Provide Legal Services To Clients Involved In Medical Marijuana Enterprises
12/5/2016
Not All Faith-Based Communications Are Protected By The Clergy-Penitent Privilege
11/29/2016
Nationwide Injunction Temporarily Blocks December 1, 2016 Overtime Exemption Changes
11/15/2016
Mississippi District Court Halts Implementation of New CMS Rule Banning Use of Arbitration Agreements in Long-Term Care Facilities
11/14/2016
Supreme Court of Ohio Will Not Follow Any "Rules" for Mineral Royalty Disputes
11/7/2016
Kentucky’s Department of Workers’ Claims Enacts New Regulations Governing The Handling of Workers’ Compensation Claims
11/2/2016
Indiana Supreme Court Extends the Stanley Doctrine to State-Sponsored Medical Reimbursements
11/2/2016
Ohio Court Reaffirms The Duty And Liability Of An Owner To An Independent Contractor Involving An Inherently Dangerous Circumstance
10/31/2016
Inconsistent Application of Delayed Damages Rule in Negligent Insurance Procurement Cases
10/25/2016
Ohio Supreme Court Rules Medical Malpractice Lawsuits Must Be Filed Within Four Years of Claimed Injury
10/11/2016
The Totality of Circumstances Test Used to Determine Foreseeability of Criminal Act
10/11/2016
EEOC Releases Formal Guidance on Unlawful Retaliatory Conduct in the Workplace
10/3/2016
Medical Claims and Nursing Homes:  The Struggle to Apply the Protections of Ohio Rev. Code § 2305.113 to Long-Term Care Facilities
9/9/2016
Ohio Lawyers Cannot Provide Legal Services To Assist A Client In Establishing And Operating A Medical Marijuana Enterprise
8/29/2016
A Conviction On A Traffic Violation Is Not Admissible To Establish Negligence In Ohio
8/23/2016
Indiana Court of Appeals Finds that Post-Accident Reports Do Not Constitute Subsequent Remedial Measures
8/22/2016
Sexual Orientation is Not a Protected Class, According To The Seventh Circuit
8/17/2016
Limitations of Liability Clause Does Not Violate Ohio's Consumer Sales Practices Act
8/17/2016
Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise
8/9/2016
Eighth District Court of Appeals Limits Future Medical Damages Against Political Subdivisions Based on the Affordable Care Act
7/25/2016
Indiana Court of Appeals Outlines Another Exception to the Medical Malpractice Act’s Two Year, Occurrence-Based Statute of Limitations
7/11/2016
Court Limits Minority Shareholder Malpractice Actions Against Corporate Counsel
7/5/2016
Defendants Entitled to Reasonable Attorney Fees When Prevailing in Employment Discrimination Suits
6/14/2016
Employers Must Re-Examine Overtime Practices After Department of Labor Drastically Restricts Exemptions
6/13/2016
Subcontractor Immunity of Self-Insured Construction Projects
6/7/2016
U.S. Supreme Court Rules on Standing and “Concrete” Injury in Class Actions    - Spokeo, Inc. v. Robins, U.S. S.Ct. No 13-1339 (May 16, 2016)                                                                
6/6/2016
Nothing Personal: When are Quantities Paying Under Oil and Gas Leases?
5/24/2016
An Insured’s Duty to Review and Understand Policy Coverage
4/20/2016
Supreme Court Condones Representative Statistics to Prove Class Action Claims
4/12/2016
EEOC to Provide Employer Position Statements to Discrimination Claimants upon Request
3/29/2016
Bridging the Gap: Ohio Taps the Brakes on Ride-Sharing Service Companies
3/16/2016
Indiana Legislature Approves Increase on Medical Malpractice Damages Cap
3/9/2016
Indiana Court Holds That Undocumented Workers Cannot Recover Damages for Lost Future Earnings
2/15/2016
Class Action “Pick Off” Strategy Largely Eliminated by U.S. Supreme Court
1/11/2016
Disarming the Self-Protection Exception in Attorney Malpractice Actions
12/7/2015
Ohio Supreme Court Rules that a Plaintiff Cannot Maintain a Class Action under the OCSPA without Proof that all Proposed Class Members were Injured    
11/30/2015
Court of Appeals Decision May Increase Damages Awards for Injured Plaintiffs Covered by Public Health Insurance Plans
11/16/2015
Injured Worker’s Inability to Dismiss an Employer Workers’ Compensation Court Appeal without Consent from the Employer Is Ruled Unconstitutional
10/27/2015
Recent Ohio Courts of Appeals’ Decisions Call Into Question the Enforceability of Arbitration Agreements Executed Without Actual Authority
10/26/2015
Standing in the Shoes of the Insured: Ohio Statutory Subrogation Now Made Whole
10/20/2015
Indiana Supreme Court Rules on Attorney Fees Under Indiana's Wrongful Death Statute
10/19/2015
Indiana Supreme Court Refuses to Expand Bystander Recovery in Claims of Negligent Infliction of Emotional Distress
9/15/2015
NLRB Drastically Expands Meaning of “Joint Employer"
8/3/2015
The U.S. Supreme Court Recognizes Disparate Impact Claims Under the Fair Housing Act
7/29/2015
Indiana Supreme Court Finds Coverage Limits in UM Policies Admissible as Evidence of Damages at Trial
7/29/2015
Ohio Supreme Court Addresses Element of Foreseeability Within a Medical Negligence Claim
6/29/2015
Intent to Threaten: Supreme Court Overturns Conviction for Threatening Posts Made on Facebook
6/23/2015
The Supreme Court of Ohio Expands Retaliatory Discharge Claims for Reporting Patient Abuse
6/22/2015
Governmental Immunity Applies To Township & Township Trustees For Demolition Of Unsafe Structure
6/15/2015
Arbitration Panel Overturns A Decade Old Voluntary Settlement 
6/9/2015
Unqualified Dismissal Divests Court of Jurisdiction to Enforce Settlement
6/2/2015
 An Employer May Have An Obligation To Offer An Accommodation To A Job Applicant Even If The Applicant Does Not Ask For The Accommodation
5/26/2015
Ohio Supreme Court Rules Cleveland's "Jock Tax" Unconstitutional
5/18/2015
Sixth Circuit Holds That Attendance Is A Job Requirement And Rejects EEOC's Demand For Telework As ADA Accommodation
4/6/2015
Insurance Company Has No Duty To Indemnify Policyholder For Employer Intentional Tort
4/1/2015
Intentional Intrusions Of Patient-Privacy May Be Pursued Under A Theory Of General Medical Negligence In Indiana
3/18/2015
Insurance Agents Duty to Recommend Adequate Coverage And Potential Insurers Vicarious Liability   
3/9/2015
Running Credit Checks on Employment Candidates
3/9/2015
The Ohio Supreme Court “Forecloses” on Collateral Attacks to Standing
3/4/2015
Supreme Court Finds that Severance Payments Are Subject to FICA Payroll Taxes
3/4/2015
Ohio Supreme Court Rules Against Local Fracking Ban
2/11/2015
Increased Government Scrutiny Expected for Medicare and Medicaid Providers in 2015
2/11/2015
Ohio Amends the Definition of “Medical Claim” to Include Language Favorable to Long-Term Care Facilities
2/10/2015
Ohio Rules That Knowledge Of A Judgment Does Not Trigger Time To Appeal
1/14/2015
There Is Such A Thing As Bad Publicity – The Ohio Legislature Restricts the Use of Nursing Home Inspections or Surveys in Advertisements
12/15/2014
OSHA Expands Employers' Reporting Requirements on January 1, 2015
11/4/2014
Attendant Circumstances: Plaintiff's Own Acts Can Defeat Summary Judgment
11/4/2014
No Dual Intent Doctrine for Traveling Employees in Ohio
10/28/2014
Tax Considerations When Settling Employment Cases
10/20/2014
Court of Appeals Dilutes the Definition of “Medical Claim” under R.C. 2305.113
10/9/2014
Ohio BWC Settles Premium Class Action Dispute: Ohio Businesses to Submit Refund Claim Forms by October 22, 2014
10/8/2014
First District Court of Appeals Issues Significant Decision Interpreting the Application of Ohio’s Damage Cap Statute - R.C. 2323.43 - in Multiple Circumstances
10/6/2014
Deposition Testimony in Underlying Products Liability Action Inadmissible in Workers’ Compensation Claim       
9/24/2014
Ohio Supreme Court Requires Dismissal of Claims with Prejudice upon Grant of Governmental Immunity
9/17/2014
Sixth Circuit Reinforces the Significance of FMLA Notice Requirements and Employer Obligations with Medical Certification Forms
9/2/2014
Kentucky Joins Majority of Jurisdictions by Holding that UIM Claims Accrue When the Insurer Denies an Insured’s Claim
9/2/2014
Contesting Arbitration Requires Both Substantive and Procedural Unconscionability
8/18/2014
Kentucky Heightens Consideration Requirement for Non-Compete Agreements
7/28/2014
New Sex Offender Notification Law for Ohio Residential Care Facilities
7/28/2014
Supreme Court Decision Calls Hundreds of NLRB Decisions Into Question
7/2/2014
The SEC and Courts May Consider Events Outside the Five Year Statute of Limitations in Crafting Enforcement Sanctions
6/17/2014
Telecommuting May Be Reasonable Accommodation
June 18, 2014
Ohio Supreme Court Holds Oral Modification Is Not a Defense to Foreclosure Action
6/11/2014
Ohio Appeals Court Holds Face-to-Face Meeting with Borrower not a Condition Precedent to Foreclosure
June 10, 2014
Five Year Statute of Limitation Under 28 U.S.C. §2462 Applies to All Forms of Relief