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.

Successful Injury Settlement

We recently had a rather successful settlement for a client who was injured in an automobile accident.

Our client had to actually sue his own insurance company to get proper compensation (it is awful when someone has to do this).

It took many months of discovery and settlement discussions to get the client what the they deserved.

We often have to pursue both the tortfeasor’s insurance company as well as our client’s insurance company to make it right and we were pleased with the outcome.

Father Represented in Child Support Hearing

We recently helped a father during a child support hearing that lasted an entire day.

This hearing for our male client focused solely on the proper amount of child support he should pay.

This was largely because of a new child support law that significantly changes how child support in Ohio is to be calculated.

We are waiting for the Court’s decision.

Not Feeling the Love?

Valentine’s Day may not be so sweet if you are considering a divorce.

It is common for spouse’s to part ways after the holidays. If you are looking to end your marriage, there are important steps to take to ensure your finances, property and custody rights are protected.

We have proudly served both husbands and wives in successful divorce outcomes, and are ready to guide you every step of the way.

We encourage you to contact us for a consultation, and let us help you throughout your divorce process.

Is Your Auto Insurance Protecting You?

Cleveland winter has arrived and we can advise you on what to do if you've been the victim of an auto accident.

With these dangerous conditions comes an increase in traffic accidents.

Ohio consistently ranks as the state with the most winter driving fatalities, averaging 86 deaths per year.

If you have been injured in a car accident, it is important that you receive the proper medical and financial reimbursement.

We have experienced first-hand what happens when a victim’s auto insurance fails to give proper coverage and we recently helped a client who had to file suit against his own insurance company for such neglect.

During these dangerous traffic conditions, it is vital that you make sure your auto insurance company has sufficient “uninsured” and “underinsurance” coverage on your personal automobile policies.

If you have questions about the appropriate policy to protect you and your family, or if you are the victim of an automobile accident contact us today.

What's an ALS Appeal in a DUI Case?

When a driver is pulled over for a traffic offense, and when that driver is also subsequently arrested for a DUI offense, the officer will most often take that person to a police station to do what is called "blow" into the blood alcohol content ("BAC") machine.

If that arrested person tests over the legal limit (.08 BAC for a person over the age of 21 and .04 for a person under the age of 21), or if that person refuses to take the test, then that person's driver's license will be suspended pursuant to what is called an "Administrative License Suspension" (an "ALS").

Although the police officer does all of the work, this ASL suspension is technically issued by the Ohio Bureau of Motor Vehicles (the "BMV") based upon the actions and investigation of the arresting officer.

The ALS goes into effect the very moment that the arrested person tests over the legal limit or refuses the test.

If the arrested person wants to challenge the ALS, he or she can file what is called an "ALS Appeal." This ALS Appeal is filed and litigated in the very court that is presiding over the DUI charge.

Most Courts give the ALS Appeal its own separate case number, and assign all of the proceedings associated with the ALS Appeal on the same dates that are set with the DUI charge. The hearing must be scheduled within 5 days, although as a practical matter the hearing is usually set more than 15 days after the filing of the appeal.

The local prosecutor assigned to the DUI charge is assigned to represent the BMV on the ALS Appeal.

In the ALS Appeal hearing, the prosecutor will have to prove the following things to the satisfaction of the judge: (1) whether the arrest was made with probable cause, (2) whether the BAC test was properly requested, (3) whether the defendant was made aware of consequences of refusal or failure, and (4) whether the defendant refused or tested over the limit.

As a practical matter, most times the prosecutor will be able to prove these things - but sometimes, with an experienced DUI defense lawyer, they will have some difficulty. If there is some difficulty, the prosecutor and the defense lawyer will often attempt to work out a deal on the ALS issue or a plea on the case as a whole. It should be noted that even if a skilled defense lawyer succeeds in getting the ALS terminated, the trial court presiding over the DUI case can "replace" the ALS with a regular DUI pretrial suspension.

The ALS Appeal is similar to another DUI pretrial proceeding called a "Motion to Suppress." The two motions and the proceedings sometimes address a number or the same issues. However, the motion to suppress covers many more issues than an ALS Appeal, and if the Court grants any portions of a motion to suppress, much, if not almost all, of the prosecutor's DUI case is thrown out before trial.

Upcoming articles will discuss the issues and proceedings associated with a motion to suppress.

New Year, New Job?

Making a new career change is one of the top New Year’s resolutions.

It’s important to make sure your employer meets all safety standards. Ohio legally requires certain practices to keep employees safe.

To better understand your legal rights, Occupational Safety and Health Administration has a complete list of guidelines every employer should follow.

If you have been injured on the job, Ohio also ensures you receive compensation while you recover and to cover your medical expenses.

We understand Ohio workers’ compensation regulations and are ready to make sure you are protected and receive all of the medical and financial assistance you need.

Let us guide you to a safe employer and help you if you have been injured while working and contact us today.

Successful OVI Case

We just resolved a long-standing and somewhat delicate OVI case this week.

Our client’s case went back to 2017 – and involved an allegation that the client had consumed drugs (i.e. not alcohol) when he was originally arrested for an OVI.

The client is now drug free (bad time in his life back in 2017), and we were able to secure a big reduction on the OVI charge, and the client will now have almost unlimited driving privileges to get to work and his other important affairs.

It’s very nice when a client says “thank you” in cases like these.

Major Auto Accident Litigation

We just resolved a long and complicated litigation involving a horrible van/truck/automobile accident that happened on I-90.

Two people died in 2 separate accidents that happened in the same area, and a third person was severely injured.

The city that I represented also lost a very expensive piece of fire equipment. There was limited insurance available to the injured parties, so there was two years worth of litigation to sort out who should get what.

After some serious mediation by a very good mediator, we were able to work it all out.

Federal Case Concluded

We just ended a two-year long federal criminal case that involved thousands of exhibits and many complicated computer technology and fraud issues.

We were in trial for almost three weeks on the case. Our client was extradited from Romania to face federal prosecution and trial here in Ohio.

This was one of those cases where we had hoped the client would take the deal that the Government had offered.

Complex Insurance Lawsuit

We just resolved a bad faith insurance lawsuit that our injured client had to file against his own insurance company.

The insurance company did not properly handle his “underinsured” claim (the person who hit him had very limited insurance coverage).

We can’t stress enough how important it is to have sufficient “uninsured” and “underinsurance” coverage on your personal automobile policies.

Call us to get our opinions if you want.

December is National Drunk and Drugged Driving Prevention Month

Filled with holiday parties and celebrations, it’s no surprise attention is brought to the fight against drunk driving this month.

According to the National Safety Council, “over 40,000 people died in alcohol-related traffic accidents last year, and more than 45 people are killed each day by an alcohol-impaired driver and those numbers climb at the end of the year.”

We understand you want to enjoy this season. but avoiding jail and serious injury are also important.

If driving sober is not an option, make sure you plan ahead to secure a sober driver to avoid getting behind the wheel at all costs.

When faced with a drunk or drugged driving charge, contact us immediately. Our offices never close, even on holidays and we have the experience to secure the best possible outcome for you.

All You Want for Christmas is a Divorce?

The rates of divorce filings increase by 33% between December and March, so you are not alone.

It is very common to try to get through the holiday season one last time before filing. If children are involved, oftentimes the parents want to give their kids one last happy holiday together as a family.

Whether you are just starting to consider your next steps, or if you have made the decision to file for a divorce, we are ready to work for you and make sure you receive all of the financial and custody rights you are entitled to.

We are here to make sure your divorce is as seamless as possible, and protect your rights throughout the entire process.

Don’t let the stress of the season and a failed marriage weigh you down. Contact us today.

What You Need to Know Before Going Out for New Year's Eve

Last year during the New Year's holiday there were six deadly crashes across the state and Ohio State Troopers say they have a zero tolerance policy.

Common for celebrating the start of a new year, parties are everywhere and so are the police.

It’s important to talk through the ramifications of drinking to your teens as well. If they are of legal drinking age, they should avoid driving completely and serving any of their underage friends.

No one wants to ring in 2020 behind bars, so find a designated driver and avoid parties where minors could be served.

Talk with everyone in your house about the dangers of New Year’s Eve on the road and call us if anyone in your family is facing DUI or drug charges. We have the experience you need.

Going Out Before Thanksgiving? You Won't Be the Only One on the Road

According to the National Highway Traffic Safety Administration, over 5,000 people died in car accidents from 2000 to 2009 over the Thanksgiving holiday.

Roughly a third of these deaths were attributed to drunken driving, resulting in the highest number of drunk driving accidents of any holiday.

Known for being one of the biggest nights to party, teens are home from college and excited to reunite, everyone has the next day off work and is eager to celebrate, so Wednesday, November 27 promises to be a busy night for many.

It is vital to remember before you drive that police are certainly aware of the heightened amount of drinking, and will be extra vigilant when patrolling the roads. Make sure you explain to your recent of-age college kid the impact a DUI charge brings, and also the consequences from underage drinking or serving minors.

Prepare in advance how to get where you are going and home without getting behind the wheel.

Even one drink can be too much so play it safe and stay sober every time you are driving.

Major Federal Ruling Supports Veterans

We honor our veterans and in an unprecedented ruling, a federal court has ruled it will permit a class-action lawsuit against the Department of Veterans Affairs.

November 11 marked Veterans Day and while their dedication can never be recognized enough, it is important that they continue to receive the assistance they need in their post-military careers.

Godsey v. Wilkie was filed to help veterans who had to wait more than a year to certify their disability benefits appeals claims. “The case was originally filed in 2017 on behalf of four veterans facing lengthy delays, but lawyers argued it should be broadened to include an entire class of individuals waiting for their benefits.”

As reported in the Military Times, “(The court’s) order certifying a class action for the first time in its 30-year history is a landmark moment, and will help ensure that our veterans and their families have more access to the justice they deserve,” said Bart Stichman, executive director of the National Veterans Legal Services Program, which has helped oversee the case. “It has been a long time coming.”

We are proud to fight tirelessly for all veterans and workers who face injuries on the workplace.

If you have been injured, or if you believe your employer is withholding your legal rights to receive benefits, contact us today.

Traveling for Thanksgiving? Here's Everything You Need to Know

AAA travel services found more than 54 million Americans travelled last Thanksgiving, the highest the country has seen in over a decade.

If you have ever faced the endless traffic during Thanksgiving weekend, you will not be surprised to learn it is one of the busiest times of the year to travel.

With an increase in flights and travelers on the road, it’s important to remember the increased security and police presence.

The Ohio State Highway patrol has recently started a new campaign to crack down on speeding, distracted drivers and OVI so make sure you pay attention, stay off your phones and stay sober.

If you find yourself under arrest for any charges, it is important to contact us right away. Holiday or not, our offices are open 24/7 so we are ready to represent you.

Michael O'Shea Leads DUI Presentation

Attorney Michael O’Shea presented a course to fellow municipal prosecutors on the complications and tactics in prosecuting DUI cases where the defendant has refused a breathalyzer test.

These are not easy cases to prosecute, and there are methods and tactics that Mr. O’Shea has learned from a decade of prosecuting these types of cases in his hometown (where he is the local prosecutor).

It was an informative and useful course to all prosecutors in attendance.

Complex Divorce Case Settled

Recently we were able to resolve a long and contested divorce case which involved huge debt and real estate in Cleveland, the Bahamas and in Florida.

In addition we also had to fight with a corporation in Pennsylvania that refused to cooperate with the Court and sought to get themselves (without success) dismissed from the case and to get out of various restraining orders.

It was a very complicated and long process and we had to put up quite a fight for our client, but eventually succeeded in getting her the deal she wanted.

Successful DUI Outcome

We were able to get a reduced plea in a complicated DUI case in a mid-Ohio county.

Our client had previous DUI convictions. We had a sufficient amount of difficulty getting the local prosecutor and judge to agree to treat our client as if it were his first DUI, but we did it.

This was a very delicate situation but we secured the best possible outcome for our client.