News & Events
Mortgage Lenders in Bankruptcy: Know Your Rights and Anticipate Upcoming Changes
No creditor wants to receive a notice that its customer, client, or vendor has filed a bankruptcy case. At best, the bankruptcy filing means delay and increased expense. At worst, it means the reduction or extinguishment of a debt. Secured creditors, however, have...
Estate Planning For Same-Sex Couples
A woman is driving home after a long day at work and her car is hit. As a result, she goes into a coma. Her partner, who is already distraught by the turn of events, learns that she is not entitled to medical information for her partner since she is not related or...
Good News For Those Applying For 501(C)(3) Exemption
One of the more daunting aspects of forming a charitable organization has been completing the IRS application for exempt status – Form 1023. The standard application comprises 26 pages written in technical language which is difficult for a layperson to immediately...
The Supreme Court Of Ohio Weighs In On Broker Liability For A Real Estate Agent’s Conduct
In the recent decision Auer v. Paliath, 2014-Ohio-3632 (August 28, 2014), the Supreme Court of Ohio held that a broker is not always liable “as a matter law” for the tortious conduct of a real estate agent whenever the broker receives a portion of the agent’s sales...
How Accommodating Must an Employer Be Under the ADA?
The U.S. 7th Circuit Court of Appeals recently held that a reasonable accommodation regulated under the Americans with Disabilities Act (ADA) is one that permits the employee to do his/her job and it need NOT be the accommodation the employee requests. This holding...
Family and Medical Leave Act Tips:
Run FMLA time concurrently with sick leave. Although an employee may not want to use FMLA time if he/she has sick time or other paid leave time available, it is up to the employer to designate leave as FMLA-qualifying. This will minimize the amount of time off in any...
The Intersection of Employee Discipline and Harassment/Discrimination Complaints
Can an employee with performance issues “insulate” him/herself from termination by alleging harassment or discrimination in the workplace? Maybe! The U.S. 6th Circuit Court of Appeals recently allowed a retaliation claim to proceed to trial by an employee who was...
Creditors Must Be Prudent Handling Discharged Mortgage Debt Obligations
An emerging trend in Bankruptcy law is that debtors’ attorneys are filing class actions against mortgage servicers for violating the discharge injunction codified at § 524 of the Bankruptcy Code. In recent filings, debtors’ attorneys have alleged that: The failure to...