Pipeline Explosion Lawsuit: Maintenance Company vs. Operator – What We Learned in Depositions

We just got done with four days of depositions and a pipeline explosion case.

The people doing “maintenance” on a gas pipeline on our client's property claim that the pipeline “operator” was at fault, while the pipeline operator claims that the maintenance company was at fault.

We did these depositions all through zoom technology, which allowed the parties to testify from remote locations.

This is an extremely interesting case, and we are learning a lot about how natural gas and other types of oils are extracted from the ground and pipe through various land areas to where they are finally processed.

Lots of fiery explosion photos and lots of damage.

Business Litigation Matter Underway

We are in the process of litigating a semi-huge business litigation matter involving a rather profitable business that provides services to persons with disabilities.

The shareholders have had a falling out, mostly because the business essentially had too much business and was getting too much revenue – and that’s when many arguments about money start.

Some of the minority shareholders (who do very little work) are getting somewhat greedy about the amount they think their shares are worth.

This case is just getting started, and we are seeking to push the parties into what is called “mediation” to try and get early resolution of the case.

Details to follow in later newsletters.

Client's Lawsuits Resolved

We recently resolved a long-standing series of multiple lawsuits involving a long-standing business dispute involving allegations of fraud and breach of contract.

This dispute inspired at least 4 related lawsuit (including a federal lawsuit) – all of which were resolved in our clients’ favor.

Lots of late hours and extensive document review and depositions was the only way we could have gotten this done.

Is Your Business Protected?

What a long year it has been for every business owner.

No matter what your business, if you have even one employee it is important to make sure your business is safe from unfounded lawsuits.

We have the expertise of representing both sides, and are poised to make sure your business stays protected from frivolous suits by greedy parties.

Whether it’s contract, real estate or employee disputes, we have the knowledge and experience to fight for you and your business.

Don’t wait until a lawsuit arrives, establish all of the necessary protections the law provides to make sure you are safe from unwarranted attacks and contact us today.

Can You Get Arrested for Not Wearing a Mask?

New Ohio legislation would make it mandatory to wear a face covering in public places.

As reported by News 5 Cleveland, “Cuyahoga County Executive Armond Budish introduced legislation that would require face coverings in public spaces to limit the spread of COVID-19. The proposed ordinance states that any person found without a face mask would be subject to a written warning on the first violation and a civil penalty of $50 for a second and each subsequent violation.”

As with any new legislation, many discussions will arise as to the legality of requiring someone to wear a mask, and already some have criticized the vagueness of Cleveland’s recent face mask order.

Wherever our clients find themselves in this issue, we have always strived to work diligently for each and every one of our clients and continue to do so even in the midst of these new unchartered waters.

If you believe your employer or workplace is not following legal protocols to protect you, let us help you and contact us today.

Was President's Day Created to Protect Workers?

There will be no school or work on February 17 but do you know the real reason behind this national holiday?

Originally designated to honor George Washington’s birthday, it became recognized in 1885 but according to the History channel, “the holiday became popularly known as Presidents Day after it was moved as part of 1971’s Uniform Monday Holiday Act, an attempt to create more three-day weekends for the nation’s workers.”

We fully support protecting worker’s rights and have fought countless cases to ensure their physical and financial rights were upheld.

Whether it’s unsafe working conditions, illegal pay or discrimination, we are ready to help you.

We have countless experience with contract disputes, small and medium business lawsuits, broker disputes and more so let us represent you and contact us today.

Is Your Teen's Summer Job Safe?

Summer vacation has begun and many students are looking for summer jobs.

Mistakes are more likely to occur with a younger, less experienced workforce, so it is imperative to know and understand all legal protocol in place to protect them.

Safety measures should be followed even when working for a small duration. With seasonal employment comes opportunities for supervisors to make safety adjustments to shorten projects and increase revenue.

Whether your teen is looking for a job in the construction, retail, or food industry, make sure they find summer employment that meets Ohio's safety standards.

Is Your Employer Risking Your Safety?

It may seem like a simple question, but it's essential to realize countless companies are cited for having unsafe work environments on a daily basis.

Safety and Health Magazine reported that "The Bureau of Labor Statistics found that major falls at the workplace accounted for 14 percent of all fatalities in 2014, and OSHA standards related to scaffolding and ladders are regularly among the most frequently cited violations."

Read these common hazards found by the National Safety Council to see if your employer is breaking the law.

Extension cord overuse and misuse
Although extension cords can be useful for temporarily supplying power for certain operations, the key word is “temporarily.” When a cord is used for several weeks or months, a National Safety Consultant said, OSHA doesn’t consider the use temporary. This opens the door for a violation.

Forklift Accidents
How employers react to these occurrences is critical, but their responses often miss the mark, NSC consultants say. They found a common attitude after an incident is to blame the individual and instill discipline. The forklift driver is re-trained, re-tested and then put back into the system. But employers fail to identify the root cause, which often is not enough staff or trucks to manage the current workload.

Improper Storage
Whether it's dangerous chemicals that are not being stored safely, or boxes and equipment that are left near exits or near fire hazards, keeping the workplace clean and clear of debris is vital, especially if heavy equipment and machinery are being used. 

If you believe your employer should be cited for these or an additional safety hazards, or if you sustained a workplace injury at the fault of your employer, it it important to contact us today to let us represent you.

Is Your Business at Risk?

We are poised to help small business owners ensure their company thrives.

With so many faulty lawsuits, false employee claims and clients who refuse to pay outstanding debts, it can become overwhelming trying to keep your business afloat.

We have years of experience representing small and medium sized businesses with their litigation needs including:

• Lease disputes
• Real property sale disputes
• Collection on unpaid invoices
• Contract disputes
• Broker disputes
• Promissory note disputes
• Personnel and employee disputes

Don't let the daunting fees from larger firms intimidate you. Our office is ready to give you the legal counsel and expertise you need without hidden costs.

If you find yourself facing litigation or want to ensure your company stays protected, contact us today. 

Recent Settlement by Fairview Park Schools Demonstrates Importance of Contract

Many businesses may not realize the necessity of a contract when making hiring decisions, and the impact it can have on a company.

A recent settlement from the Fairview Park school board highlights the significance of this area of the law, demonstrating situations that can commonly arise when the hiring body and an employee disagree.

In this six-figure settlement, the man hired to become Fairview Parks’ district superintendent contested the board’s rescinding of his job offer. Geoffrey Andrews received $150,000 as a settlement over the contract dispute he had with the Fairview Park school board. Even though Andrews had never worked one day for the district, based on the contract both parties had previously agreed to, he was still entitled to receive over six-figures.

This example of a hefty settlement serves as a vital lesson for any business, small or large, and the necessity of an experienced contracts attorney.

What every business owner needs to know about premises liability

What is premises liability and why is it important to every business owner?

Many are familiar with personal injuries, but the term premises liability remains a mystery. A recent article in Forbes details circumstances that could lead to a premises liability lawsuit, and the steps to take to avoid one.

Even as a renter, your business is liable and the burden will not fall solely on the landlord in a lawsuit. The importance of protecting your workplace and your business from a potential lawsuit is essential. “If an unsafe condition is discovered (or even suspected), it must be corrected immediately.

Neither you nor your employees should assume that someone else will clean up the spill, flatten the entryway mat, or clear ice and snow off the walkway. Establish clear policies and procedures so your employees know what to do when it comes to dangerous conditions.”

As an employee, you are also entitled to a safe working environment. Just as it is essential for a business owner to know their rights and the laws surrounding their business, it is also vital for an employee to understand that laws have been established and are in place to keep them safe in their workplace.