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Senate Bill Introduced to Restore Rights of Injured Service members

July 23, 2009

According to a recent AAJ article the legal rights of servicemembers injured by medical negligence would be restored under legislation introduced in the U.S. Senate. The article states that a 1950 U.S. Supreme Court ruling in Feres v. United States prevents servicemembers on active duty from holding the government accountable for non-combat related injuries. This decision strips military families of their right to seek redress through our civil justice system. The Carmelo Rodriguez Military Medical Accountability Act (S. 1347 / H.R. 1478), sponsored by Sen. Charles Schumer (D-NY) and Rep. Maurice Hinchey (D-NY), would offer servicemembers injured by medical negligence the same protections currently provided to veterans.

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Amusement Park Must Keep Patrons Safe

July 20, 2013

As an attorney who has handled many amusement park injury cases against parks like Six Flags and others, I am concerned when employees continue to fail to keep their patrons safe. An employee of the park knows the ride better than the customers and it is that persons

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Fall Was The Result Of Elevated Related Risk

July 5, 2013

In, NICOMETI v. THE VINEYARDS OF FREDONIA, LLC (June 2013) the Fourth Department held that contrary to the contention of defendants, the Supreme Court properly concluded that plaintiff’s fall was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection.

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Sovereign Immunity Grounds Do Not Always Apply

June 25, 2013

In Sue/Perior Concrete & Paving v. Lewiston Golf Course Corporation, (4th Dept. 2013) the court held that “The central question on this appeal is whether defendant Lewiston Golf Course Corporation (LGCC), a corporation formed under the laws of the Seneca Nation of Indians (Nation or SNI), is protected

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