Month

September 2012
The Supreme Court of Ohio unanimously ruled in a recent case that a builder’s duty to construct a home “in a workmanlike manner using ordinary care is a duty imposed by law”, and that the homebuyer’s right to enforce this legal duty cannot be waived by a homebuyer. In the case Jones v. Centex Homes,...
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Avoiding the many pitfalls associated with leave under the Family and Medical Leave Act is no easy task for employers.  Complex issues can especially arise when employers are faced with administering intermittent leave for exempt employees, as defined by the Fair Labor Standards Act. The FLSA establishes minimum wage and overtime pay standards.  Certain employees...
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Can an injured employee settle a Worker’s Compensation Claim and then later sue his employer, claiming that the injury occurred outside the employment?  The Indiana Court of Appeals recently said “no”.  In recent case Estate of Donald Eugene Smith v. Joshua Stutzman d/b/a Keystone Builders, the Appellate Court held that once an injured employee accepts...
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A primary reason for creating a corporation to conduct business is to shield corporate shareholders from personal liability for the corporation’s acts and debts. This corporate shield is of obvious benefit to shareholders, allowing them to freely invest in an enterprise while limiting their risk. The corporate shield, however, is a great frustration to creditors...
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