Archive | General


Luper Neidenthal & Logan/AldenLaw Paves the Appeal Highway in Pivotal Supreme Court Win

Luper Neidenthal & Logan is pleased to announce a precedent-setting victory in the Supreme Court of Ohio on an appellate jurisdiction issue. Considering a “matter of first impression,” the Court determined the issue of where a notice of appeal must be filed to perfect an appeal to the Tenth District Court of Appeals from a […]

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Accommodation Under the Americans With Disabilities Act

The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to allow a qualified individual with a disability to perform the essential functions of his/her job unless an accommodation would impose an undue hardship on the employer. A “qualified individual” is defined as a person who can perform the essential functions of […]

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in god we trust

Court Interprets “Loser Pays’ Provision in Consumer Contract

In a recent case (GATHER v. WALL & ASSOCIATES, INC., et al, 2017 –Ohio-765, March 2, 2017, ), the Montgomery County Ohio Court of Appeals decided that, while an arbitration provision in a consumer contract  was not “procedurally unconscionable” under the Ohio Consumer Sales Practices Act (CSPA), a “loser pays” provision requiring the losing party […]

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Fraud Is Alive and Well In 2014

When authorities entered Bernie Madoff’s private offices after his fraud was revealed, they found a silver sculpture in the shape of a screw on his window sill.  The name of his yacht was “The Bull Ship.”  Madoff was laughing in the faces of the thousands of investors he bilked. Today, approximately six years after Madoff […]

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Creative Litigation or “Making Lemonade From Lemons”

Recently we completed a consensual arbitration in a personal injury case. Settlement discussions had stalled, with the defendant offering $40,000 and us demanding $100,000 (the policy limits). We were stuck because the defendant firmly believed that our client’s serious and permanent medical problems were not caused by the tortfeasor’s negligence, but rather because of pervasive […]

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