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Saturday, March 28, 2015
Other-Acts evidence:The door is now open By Richard Walinski and Nathan Oswald, Ohio Trial The common law has long prohibited litigants from offering evidence at trial regarding an opposing party’s character. The general rule excludes evidence of the party’s propensity to commit other crimes, wrongs, or bad acts. Courts have also recognized certain exceptions to that rule.
Evidence of a defendant’s other crimes, wrongs, or acts — which would be inadmissible if offered to prove the person’s bad character — might nevertheless be admissible if it satisfied two requirements. First, the evidence had to be relevant to some fact other than the opposing party’s character. Second, the other fact to which the evidence was relevant had to be itself genuinely at issue in the litigation, i.e., a material fact.
Ohio Evidence Rule 404(B) states the general rule against the use of character evidence and only the first of two requirements for an exception to the rule. Rule 404(B) applies in both civil cases and criminal. Jordan v. Dayton Testing Lab., Inc., 2nd Dist. No. 19741, 2004-Ohio-2425, ¶ 48. Click to continue reading
Feds promote artificial turf as safe despite health concerns Shared from USA TODAY Lead levels high enough to potentially harm children have been found in artificial turf used at thousands of schools, playgrounds and day-care centers across the country, yet two federal agencies continue to promote the surfacing as safe, a USA TODAY analysis shows.The growing use of turf fields layered with rubber crumbs has raised health concerns centered mostly on whether players face increased risk of injury, skin infection or cancer. The U.S. has more than 11,000 artificial turf fields, which can cost $1 million to replace. But largely overlooked has been the possible harm to young children from ingesting lead in turf materials, and the federal government's role in encouraging their use despite doing admittedly limited research on their health safety.
Lead is a well-known children's hazard that over time can cause lost intelligence, developmental delays, and damage to organs and the nervous system. Click to continue reading
OAJ on YouTube. Want to know what the OAJ Annual Convention is all about?
Check out this video and hear what plaintiff attorneys across the state are saying about OAJ's flagship event!
Retirement options for solo and small law firms Shared from lawyerist.com Even though you do not have an employer-sponsored retirement plan as a solo practitioner or shareholder in your small firm, you still have retirement options. Being a sole practitioner or small-firm shareholder gives you the ability to choose the kind of retirement plan that is right for you and your business. Keep in mind that there is no “one size fits all” solution.
Each plan has advantages and disadvantages, which are outlined below. Before you make any actual decisions about which plan is right for you, I highly recommend you get advice from an accountant, investment adviser, or certified financial planner. This post is intended to give you an overview of the advantages and disadvantages of each available option. SIMPLE stands for Savings Incentive Match Plan for Employees. This type of plan is designed to give small employers and their employees a simple method for making retirement contributions.
Each participant’s contributions go into their own IRA(s) set up in the plan. Click to continue reading