Monthly Archives: November 2012

Litigation Alert: Ohio’s statute of limitations on breach of written contract claims reduced to eight years

Effective September 28, 2012, Ohio has reduced the statute of limitations for a breach of written contract action from 15 years to eight years. For breach of contract claims arising on or after September 28, 2012, all such claims must be commenced within eight years or be time-barred. Claims which arose or accrued prior to September 28, 2012 expire “eight years from the effective date of this act or the expiration of the period limitations in effect prior to the effective date of this act, whichever occurs first.” Thus, for claims which arose or accrued prior to September 28, 2012, the statute of limitations expires on the earlier of September 28, 2020, or fifteen years from the date the breach of contract occurred. 

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Healthcare Alert: 2013 Medicare Physician Fee Schedule

The final 2013 Medicare Physician Fee Schedule (released yesterday, November 1, 2012) contains a 52 percent cut for the highest volume technical component anatomic pathology code, CPT Code 88305-TC. This reduction, which will be effective January 1, 2013, brings the payment in line with the Medicare outpatient APC payment rate for the same service. The 88305-TC has been acknowledged by most observers as being over-priced by Medicare and a reduction was expected. However, the size of the reimbursement cut is greater than most have anticipated. The professional component (CPT Code 88305-26) will be increased by two percent. Overall, Medicare reimbursement for the global 88305 anatomic pathology services will be reduced by one-third. 

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Labor and Employment Alert: End of an era? Senate Bill 383 seeks to clarify Ohio’s fair employment practices statute

For decades, Ohio appellate courts, Ohio’s General Assembly, employment law practitioners, employers, and employees have struggled with Ohio’s fair employment practices statute, R.C.§4112.01, et seq. Ohio courts have developed law to resolve issues not addressed by the language of the statute, and to ameliorate some of the harshest pitfalls presented to aggrieved employees, only to reverse that law at some later point. The Ohio General Assembly has attempted to clarify certain provisions in the statute only to create more questions or be struck down by the Ohio Supreme Court. Employment law attorneys have become well-versed in the twists and turns of R.C. Chapter 4112 and have devised alternate pleadings and defenses in an effort to cover all bases. Employers have watched their potential liabilities and legal costs expand over the years as employees pursue claims through administrative procedures and under both state and federal law. 

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"Bridge painter sentenced to 27 months in prison for his role in scam," Richard Blake quoted

McDonald Hopkins attorney Richard Blake was quoted in The Plain Dealer article “Bridge painter sentenced to 27 months in prison for his role in scam.”

For full article, click here.

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W. Toby Eveland serves on Host Committee for World of Chocolate gala benefit in Chicago

Arnstein & Lehr Attorney W. Toby Eveland

Toby Eveland

Arnstein & Lehr Chicago Partner W. Toby Eveland is serving as a member of the Host Committee for this year’s World of Chocolate benefit, to be held November 29 at the Hilton Chicago. World of Chocolate is a gala benefit for the AIDS Foundation of Chicago. It is staged in Chicago every World AIDS Day, at the beginning of the holiday season. In addition to more than 40 chocolatiers offering samples and competing for top honors, guests will enjoy live entertainment, a light buffet and an open bar, along with raffle opportunities and our celebrated punchboard. The event is a great opportunity to entertain clients!

To purchase tickets and learn more about the event, click here.

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Mary Cannon Veed honored for her service as editor-in-chief of ABA/TIPS magazine, The Brief

Arnstein & Lehr Attorney Mary Cannon Veed

Mary Cannon Veed

Arnstein & Lehr Chicago Partner Mary Cannon Veed recently completed her two year term as the 2010-2012 editor-in-chief of the Tort and Insurance Practice Section quarterly publication, The Brief. She was honored with a plaque from the section for her work. The magazine includes an array of practical articles of interest to plaintiffs’ and defense lawyers who practice tort or insurance law and how-to advice on practice and litigation matters. This is Ms. Veed’s eighth year as a member of The Brief board.

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ILN Today Post

The Competitive Edge in The Bahamas: The Trustee Amendment Act (2011)

Upon the creation of a trust, the trustees become the legal owners of the trust property. In addition, a fiduciary relationship is created between the trustee and the beneficiary. As a result, the office of trusteeship is onerous and carries with it a certain standard of care, various powers and duties. In The Bahamas a Trustee’s relationship with the settlor, beneficiaries, trust property and the trust itself is governed by the Trustee Act, 1998 together with the Trustee Amendment Act 2011 which came into effect on the 30th December, 2011. More…

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End of an era? Senate Bill 383 seeks to fix Ohio’s fair employment practices statute

Ohio’s fair employment practices statute, R.C. §4112.01 et seq., is complicated to navigate and can result in claims from employees who have not been on an employer’s roster for years.  In addition, it can lead to employers being forced to defend claims on two fronts:  before the Ohio Civil Rights Commission and in court.  Senator William Coley (R-Middletown), however, has sponsored a bill intended to fix the statute’s most significant pitfalls and, in the process, make Ohio a more enticing location for relocating businesses.

In particular, Coley seeks passage of Senate Bill 383, which would amend the Revised Code to implement the following changes to employment discrimination law in Ohio.  If passed, S.B. 383 would:

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A Section-by-Section Analysis of Chapter 23L,

A new Chapter 23L of the Massachusetts General Laws was enacted on August 7, 2012 as part of Chapter 238 of the Acts of 2012, “An Act Relative to Infrastructure Investment, Enhanced Competitiveness and Economic Growth in the Commonwealth” (St. 2012, c. 238, §14). It takes effect 90 days later, on November 5, 2012.


Chapter 23L provides Massachusetts municipalities an option to approve “special assessment financing” of public infrastructure to support private development or community projects. Special assessment financing is a proven method of tax-exempt financing used successfully in other states for many years.

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