OAJ Blogs

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Posted on: Oct 14, 2020

Providing health care is not an easy job. And no one is perfect. But if a doctor makes a preventable mistake, it is their moral obligation to take responsibility and do what they can to repair the damage they have done.

On behalf of The Eisen Law Firm

Posted on: Oct 9, 2020

Each employment contract is different so it is important to consult with an employment lawyer to understand what happens if you resign, based on your employment contract.

On behalf of The Friedmann Firm

Posted on: Sep 17, 2020

A salesperson with a job duty involving “outside sales” who is not compensated for overtime pay by the employer should be advised that the United States Sixth Circuit Court has recently clarified that overtime should indeed be paid under circumstances where the employee lacks the authority to finalize transactions.

On behalf of Nacht & Roumel, P.C.

Posted on: Sep 8, 2020

Military personnel can now sue the federal government for medical malpractice, thanks to the 2020 National Defense Authorization Act.

On behalf of Tittle & Perlmuter

Posted on: Sep 1, 2020

On August 26, 2020 the Supreme Court of Ohio handed down a merit decision in Lunsford v. Sterilite of Ohio, L.L.C., Slip Opinion No. 2020-Ohio-4193. In a 4-3 opinion written by Justice Kennedy, joined by Justices DeWine, French and Fischer, the Court held at-will employees have no cause of action for invasion of privacy when consenting to an employer-required direct observation method of submitting a urine sample for drug testing.

On behalf of Legally Speaking Ohio.

Posted on: Jul 21, 2020

Nothing beats cooling off in a pool on a hot summer day, but be aware that owning a pool comes with important responsibilities. In Ohio, homeowners may be liable for injuries that occur on their property, including incidents in or around swimming pools. What’s more, under the “attractive nuisance doctrine,” pool owners may be held liable for injuries to a child who is hurt while trespassing on their property.

On behalf of Elk & Elk

Posted on: Jul 14, 2020

Failing to diagnose a patient isn’t uncommon, but it often doesn’t have a fatal outcome. That’s why many people will never know that they were actually misdiagnosed. For instance, someone who has a cold but who is told they have a flu will still likely recover over time. The misdiagnosis isn’t likely to result in any harm coming to the patient.

On behalf of Leeseberg & Valentine

Posted on: Jul 7, 2020

Yes, you can use FMLA leave to take maternity leave for the birth of a child or the adoption/foster care placement of a child.  You are entitled to up to 12 weeks of FMLA leave if you are an “eligible employee.”  “Eligible employee” refers to your eligibility under the FMLA and your employer must employ 50 employees within a 75-mile radius in order for you to qualify for FMLA.  If you have worked for your employer of this size for 1 year or have worked 1,250 hours, you should be eligible for FMLA leave.

On behalf of The Friedmann Firm

Posted on: Jun 23, 2020

In a landmark ruling for LGBTQ rights in America, the U.S. Supreme Court ruled this week that the Civil Rights Act of 1964 protects gay, transgender, and gender-nonconforming people in the workplace. The law specifically protects employees from job discrimination “on the basis of sex.” But many states and cities interpreted it to only apply to discrimination against women, not against LGBTQ employees.

On behalf of Tittle & Perlumeter

Posted on: Jun 16, 2020

Neurocognitive deficits caused by a mild traumatic brain injury (TBI) remain one of the most challenging injuries to prove in personal injury litigation.  Often, mild TBIs are not diagnosed by emergency personnel, who are more focused on more obvious injuries.  Careless or unskilled PCPs may miss the diagnosis on follow up, particularly when the patient does not complain of a concurrent physical manifestation such as tinnitus, dizziness, loss of hearing or visual impairment.  In some cases, the injury victim’s lawyer is the first professional to suspect brain damage, which fact is used against the injured party.

On behalf of Mishkind Kulwicki Law Co., L.P.A.

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