Coolidge Wall Co., L.P.A.
Phone : 937-608-9464 | Toll Free : 877-422-0702

October 2013 Archives

Ways to Pass the Check: Cost-shifting during the electronic discovery process

There is an old saying that there is no such thing as a free lunch. But in the e-discovery arena, there are times when counsel can "pass the check" for e-discovery to the opposing party.

A True "Black Swan": How unpaid internships were good, but are now bad

I love when a movie comes out that makes me smarter, even without watching it. A good example is The Black Swan. I had never heard of such a thing and had no idea what it symbolized before Fox bombed the airwaves with commercials featuring dark, elegant-looking shots of Natalie Portman in ominous poses. Intrigued, I looked up the metaphorical use of a black swan in literature and film. I learned that a black swan represents an event that surprises the observer, has a major effect on the observer and others, which is usually negative, but is often inappropriately rationalized in hindsight.

Motions to Dismiss Still A Possibility

In spite of the Second District Appellate Court decision in Sacksteder v. Senny, 2012 Ohio 4452 (2012), which declined to adopt the more stringent pleading standards set out by the U.S. Supreme Court in Bell Atlantic v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), it is still possible to get inadequately pled complaints dismissed via a motion to dismiss or for judgment on the pleadings.

Ohio Approves Medicaid Expansion Under Affordable Care Act

The Controlling Board, a state legislative panel which oversees spending federal funds, voted October 21, 2013 to accept $2.56 billion from the federal government to extend Medicaid coverage to approximately 300,000 low income Ohioans. The expansion would allow, among others, childless adults earning up to 138% of the federal poverty level (approximately $16,000 for one person ) to be eligible for health care under Medicaid.

New 3.8% Medicare Tax Law Provides Some Exceptions for Real Estate Industry

Medicare Tax law generally. The new Medicare Tax law (I.R.C. § 1411) was added to the Internal Revenue Code by the Health Care and Education Reconciliation Act of 2010, in part to offset some of the costs of Obamacare. Very generally, the tax is imposed on an individual's unearned income (i.e., net investment income including, in part, net income from rents and a trade or business that is a passive activity with respect to the taxpayer).

How to Increase the Odds that the Loser Really Pays

Often, a client seeking our advice asks if they can recover their attorney's fees in a lawsuit. We explain that an award of attorney's fees to a prevailing party only occurs in a few situations: when a Federal or State law mandates an attorney fee award to the lawsuit's winner, or when a court, in its discretion, determines that the behavior of the losing party is so egregious that punitive damages and attorney's fees should be awarded. We explain that the necessary egregious behavior needs to almost rise to the level of criminal activity before a court will even consider a request for attorney's fees. While most clients believe that the wrongs done to them by adverse parties are always "criminal" in the sense of being intentional and outrageous, it is rare when a court will award attorney's fees purely based on bad business behavior.

When Charity Invites Liability, a Simple Contract Can Help

If you are a small business owner, you may often consider how you can give back to the community or make a charitable use of your commercial property. Picture this: A local nonprofit is hosting a 5K race and asks to use your business's parking lot as a pre-race staging area. While you would like to help out the nonprofit (and get some good PR in the process), you are concerned about liability. If someone gets hurt at the race, could your business be sued for its involvement? The old saying is that "no good deed goes unpunished," but, with a little planning and foresight, your business can sidestep liability while still meeting its charitable goals.

Record Payout for Racial Discrimination by Merrill Lynch

A recent case demonstrates how dangerous it is when an employer does not monitor the workplace to ensure equal opportunity. In what could be a record payment to settle an American class action suit for racial discrimination, Merrill Lynch agreed in August to pay $160 million to black brokers and trainees who worked at the firm since 2001.