Riding High: Legalized Marijuana and DUI Law

Ohio is officially the 24th state to have legal, adult-use marijuana.

We are keeping an eye on several ways the use of recreational marijuana could potentially impact DUI-related laws and enforcement:

• Impaired Driving Standards: Legalization may prompt discussions on establishing or updating standards for determining impairment due to cannabis use while driving. This could involve the development of reliable testing methods for THC, the psychoactive component in cannabis, and setting legal limits for THC blood concentration.

• Field Sobriety Tests: Law enforcement may need to undergo training to identify signs of cannabis impairment during field sobriety tests. Unlike alcohol, cannabis impairment is not easily measured with a breathalyzer, so officers may rely on observational and standardized testing methods.

• Blood Testing Protocols: States often consider or revise blood testing protocols to determine cannabis impairment. Establishing THC blood concentration limits and defining what constitutes "per se" impairment may be part of the legal discussions.

• Education and Awareness Programs: Legalization may lead to increased public education and awareness programs regarding the risks and legal consequences of driving under the influence of cannabis. Similar to alcohol, efforts may focus on discouraging impaired driving.

• Legal Consequences: The legalization of cannabis might result in changes to DUI penalties specific to marijuana impairment. This could include updates to fines, license suspensions, and other consequences for those convicted of driving under the influence of cannabis.

• Testing Technology: Jurisdictions may explore or adopt new technologies for roadside testing of cannabis impairment. The development of reliable and practical testing devices for cannabis could impact enforcement strategies.

Lipson O’Shea will continue to monitor any legislative changes or updates from law enforcement agencies in Ohio to understand how cannabis legalization might impact DUI-related laws and enforcement. We will work to provide you with the most accurate and up-to-date information on this matter.

Divorce Decree Upheld

We were recently very successful for a client on a divorce appeal.

The ex-spouse of our client attempted to back out of a divorce decree by claiming that she did not understand the divorce decree deal she had made.

The trial court refused to let her back out and the Court of Appeals agreed that the trial court got it right. Client was very pleased with the outcome.

Post-decree motions are still pending in the case, as the ex-spouse of our client continues to try and make our client’s life difficult. Stay tuned on this one.

Personal Injury Client Awarded

We successfully argued a personal injury “arbitration,” where a client won a $25,000 arbitration award – far greater than the insulting offer made by the insurance carrier that insured the “at fault” driver.

Client was very pleased.

Federal Case Sentence

We were able to save a client from a huge sentence in a federal case that just concluded.

Our understanding of the Federal Sentencing Guidelines, along with some fair and frank discussions with the United State Attorney’s Office, lead to this great conclusion.

Client is allowed to “self-report” to a federal correctional facility instead of being lead out of the courtroom in shackles. He and his client were very pleased.

DUI Charges Reduced

We just resolved another DUI case on the east side where we got a reduction in the charges.

We were able to identify the minute but important mistakes that the police officer made during the pull-over and arrest of the client.

This case reminds us again of the importance of knowing what to look for in a DUI investigation, and knowing what these mistakes can mean for the client. Client was appropriately pleased with the outcome.

Navigating Personal Injury Cases: The Crucial Role of Statute of Limitations

When it comes to personal injury cases, time is of the essence, and understanding the Statute of Limitations is paramount.

This legal timeframe sets a deadline for filing a personal injury claim, and failing to adhere to it can jeopardize one's right to seek compensation.

The Statute of Limitations varies by jurisdiction and type of injury, ranging from a few months to several years. It's essential for individuals to be aware of the specific time constraints applicable to their case, as missing the deadline can result in the loss of the opportunity to pursue legal action.

To avoid the risk of missing crucial deadlines, individuals should take proactive steps. First and foremost, seek prompt medical attention and document all injuries and damages. Preserve evidence related to the incident, such as photographs, witness statements, and any relevant reports. Equally important is consulting with a personal injury attorney as soon as possible. Legal professionals can provide guidance on the applicable Statute of Limitations, ensuring that the necessary documents are filed within the required timeframe.

In the fast-paced aftermath of an injury, time can slip away quickly. By staying informed, seeking legal counsel promptly, and taking proactive measures to preserve evidence, individuals can safeguard their right to pursue a personal injury claim and increase their chances of a successful resolution.

As always, Lipson O’Shea is here to assist with any Personal Injury issues you may be dealing with.

Key Legal Considerations for the New Year Transition

As we bid farewell to the old and welcome the new, individuals and businesses alike are gearing up for the challenges and opportunities that come with the transition into the new year.

However, amidst the celebrations and resolutions, it's crucial to remain vigilant about potential legal pitfalls that could impact various aspects of your life. Here are some key legal issues to be aware of during this transitional period.

• Employment Law Changes: The start of a new year often brings amendments to labor laws, affecting everything from minimum wage rates to overtime regulations. Employers and employees should stay abreast of these changes to ensure compliance and prevent any inadvertent legal issues.

• Tax Code Revisions: Tax laws are notorious for their complexity, and they undergo frequent updates. Be aware of changes in tax codes that could impact your personal or business finances. Staying informed can help you make strategic financial decisions and avoid potential penalties.

• Data Privacy Compliance: With the growing emphasis on data protection, new regulations may be introduced or existing ones revised. Ensure that your business practices align with the latest data privacy laws to protect sensitive information and avoid legal consequences.

• Contractual Obligations: As the calendar turns, so do contractual obligations. Review and update contracts to reflect any changes in circumstances, pricing, or terms. Failing to do so may lead to disputes that could have legal implications.

• Environmental Regulations: Environmental laws are constantly evolving. Businesses should stay informed about any changes that may affect their operations, ensuring they remain compliant with environmental regulations.

Transitioning into the new year is an exciting time, but it's essential to navigate it with legal awareness.

By staying informed and proactive, individuals and businesses can mitigate risks and embrace the opportunities that the future holds.

FDA Takes Action Against Formaldehyde in Hair Straightening Products

In a groundbreaking move to prioritize consumer safety, the Food and Drug Administration (FDA) has announced plans to ban formaldehyde in hair straightening products.

This decision comes in response to a concerning trend where product manufacturers systematically misrepresented and failed to disclose significant health risks, disproportionately affecting women of color.

For years, hair straightening products containing formaldehyde have been popular in salons across the country. However, recent investigations have uncovered alarming evidence of the adverse health effects associated with prolonged exposure to this toxic chemical. Formaldehyde exposure has been linked to a range of health issues, including respiratory problems, skin irritation, and even an increased risk of cancer.

What makes this issue even more alarming is the systematic failure of manufacturers to provide adequate warnings and information to consumers, particularly targeting women of color. The lack of transparency regarding the health risks associated with these products raises serious ethical concerns and has led to a call for accountability.

Lipson O'Shea law firm has taken a proactive stance in representing individuals who may have been affected by these misleading practices. Their commitment to justice aims to hold manufacturers accountable for their negligence and ensure that those who have suffered health consequences receive the compensation they deserve.

The FDA's decision to ban formaldehyde in hair straightening products is a crucial step toward safeguarding consumer health. It sends a clear message that deceptive practices in the beauty industry will not be tolerated. As we move forward, it is imperative for consumers to be aware of the potential risks associated with cosmetic products and for the industry to prioritize transparency and safety over profit.

“Underinsured” Claim Case Resolved

We just resolved a large personal injury case where our clients had to file what is known as a “underinsured” claim against their own auto insurance company.  

Getting the medical professionals who rendered care to the client to agree with our position was a very delicate matter, but we did it. 

It helped that we were courteous and cooperative with the medical professionals and their lawyers. 

The underinsured adjuster was not happy to make the bit offer, but we never care about what adjusters think.  

Abuse of Discretion on Court of Appeals Case

We just prevailed on another court of appeals case.  

We convinced the Court of Appeals that a probate trial court’s decision in a division of assets was an “abuse of discretion.” 

Three out of three of the Court of Appeals judges signed onto the decision. This case involved serious financial issues for the client. 

Stay tuned for further developments on this one.

Change of Heart on Divorce Case

We just prevailed on an appeal of a divorce case.  

The ex-wife had a change of heart on the divorce degree, and wanted the trial court to let her back out of the divorce decree.  

The trial court ruled against her, and the court of appeals agreed with us that the trial court got it right. 

Very good result, and a very happy client.

Motion to Suppress Success

We recently prevailed on what is called a “Motion to Suppress,” which sometimes has to be filed in a DUI case.  

We proved to the Court that the police officer (a State Trooper) did not follow the proper protocol in doing the DUI investigation.  

The City in question is appealing that ruling, but we know we will prevail on that appeal.

Real Estate Lawsuit Resolved

We just resolved a long-standing and large real estate lawsuit which involved years of motion practice and multiple lawsuits.

Our clients had to file suit in order to enforce their property rights against multiple parties, and those rights were enforced in the end (but not without much litigation pressure on the defendants).

Navigating the Holidays: A Guide to Domestic Relations Issues

The holiday season is a time for joy and celebration, but for many, it can also bring about unique challenges in domestic relations.

Whether you're navigating a divorce, co-parenting, or dealing with family dynamics, being aware of potential issues can help you better manage the festive season.

Firstly, communication is key. If you're co-parenting, discuss holiday plans well in advance to avoid conflicts. Clearly outline visitation schedules and ensure both parents are on the same page to minimize stress for everyone involved. If adjustments are needed, be flexible and open to compromise.

Family gatherings can also be a source of tension. Set realistic expectations and establish boundaries to avoid potential conflicts. If necessary, consider celebrating holidays separately to create a more comfortable atmosphere for everyone.

Financial strain is another common issue during the holidays. If you're navigating a divorce, be mindful of budget constraints and discuss gift-giving expectations with your ex-partner. This can help prevent disagreements and financial stress.

Lastly, self-care is crucial. The holidays can be emotionally challenging, especially if you're dealing with a recent separation. Take time for self-reflection, seek support from friends or professionals, and prioritize your mental well-being.

By addressing these domestic relations issues head-on, you can create a more harmonious holiday season for yourself and those around you. Remember, open communication, flexibility, and self-care are key ingredients for navigating this festive time with grace and resilience.

Ohio Laws Every Deer Hunter Needs to Know

As the autumn leaves blanket the Ohio woodlands, hunters eagerly gear up for another deer hunting season.

While the thrill of the hunt and the connection with nature are paramount, it's crucial for hunters to be well-versed in the legal landscape to ensure a safe and enjoyable experience.

Here are the key legal issues that hunters should be aware of when participating in the hunting season in Ohio.

1. Understanding Season Dates and Regulations: One of the primary legal considerations for Ohio hunters is being well-informed about the specific dates and regulations associated with each hunting season. The Ohio Department of Natural Resources (ODNR) regularly updates the hunting regulations, including season dates, bag limits, and weapon-specific requirements. Hunters must carefully review these guidelines to avoid accidental violations.

2. License and Permits: It goes without saying that hunters should possess a valid hunting license, but the type of license and additional permits may vary based on factors such as age, residency, and the type of game being hunted. Ensuring compliance with licensing requirements is fundamental to avoiding legal repercussions.

3. Respecting Property Rights: Ohio hunters must be aware of property boundaries and respect the rights of private landowners. Obtaining permission to hunt on private land is not only a matter of courtesy but a legal necessity. Trespassing on private property without permission can lead to serious legal consequences.

4. Ethical Hunting Practices: Ohio hunters are expected to adhere to ethical and humane hunting practices. These include proper shot placement to minimize suffering, adhering to established bag limits, and reporting harvested game as required. Violating ethical standards not only tarnishes the reputation of hunters but may also result in legal consequences.

5. Hunter Orange Requirements: To enhance safety during hunting seasons, Ohio mandates the use of hunter orange clothing for hunters. Familiarizing oneself with the specific requirements regarding when and where hunter orange must be worn is crucial. Adhering to these regulations ensures visibility and minimizes the risk of accidents.

6. Prohibited Weapons and Practices: Ohio hunting regulations explicitly prohibit certain weapons and practices. For example, using fully automatic firearms, electronic devices for hunting, or engaging in spotlighting (using artificial light to locate or take game) is strictly prohibited. Hunters must be well-versed in these prohibitions to avoid legal issues.

7. Reporting Requirements: Ohio hunters are generally required to report their harvested game. Understanding the reporting requirements, including deadlines and methods, is essential to remain in compliance with the law. Failure to report as mandated can result in penalties.

Participating in deer hunting season in Ohio is a cherished tradition for many outdoor enthusiasts. By staying informed about the legal considerations outlined above, hunters can ensure a responsible and lawful hunting experience.

Always check with the Ohio Department of Natural Resources for the most up-to-date regulations and guidelines, and remember that responsible and ethical hunting practices contribute to the sustainability of Ohio's wildlife resources. Happy hunting!

OHIO’S 2023-24 DEER HUNTING SEASONS (details here)

• Deer archery: Sept. 30, 2023-Feb. 4, 2024

• Deer gun: Nov. 27-Dec. 3, 2023; Dec. 16-17, 2023

• Deer muzzleloader: Jan. 6-9, 2024

Give Thanks, and Stay Aware

While Thanksgiving is generally a time for celebration and gratitude, there are some legal issues to be aware of to ensure a safe and enjoyable holiday.

Keep in mind that laws can vary by jurisdiction, so it's essential to be aware of local regulations.

Here are some general legal considerations:

1. Alcohol Consumption: If you plan to serve alcohol, be mindful of local laws regarding the legal drinking age and regulations regarding the sale and consumption of alcohol. Avoid serving alcohol to minors, and encourage responsible drinking.

2. Food Safety: Follow proper food safety guidelines to prevent foodborne illnesses. This includes proper food handling, storage, and preparation to avoid legal liabilities.

3. Noise Regulations: Be aware of local noise ordinances, especially if you plan to host a large gathering or play music. Excessive noise can lead to complaints and legal issues.

4. Property Damage: If you're hosting a gathering, be mindful of your property and take steps to prevent damage. In some cases, hosts can be held liable for injuries or damages that occur on their property.

5. Fire Safety: If you plan to use a fireplace or have outdoor fires, adhere to local fire safety regulations. Check if there are any burn bans or restrictions in place.

6. Pets: If you have pets, be cautious of guests who may have allergies or fears. Ensure that your pets are properly restrained and won't pose a threat to visitors.

7. Employment Laws: If you are an employer or have hired help for your Thanksgiving gathering, be aware of employment laws regarding working hours, overtime, and compensation.

8. Social Host Liability: In some jurisdictions, social hosts can be held liable for the actions of guests who become intoxicated and cause harm to themselves or others. Be cautious about over-serving alcohol.

Always consult with legal professionals for advice tailored to your specific situation and local regulations. Keep in mind that laws and regulations can change, so staying informed is crucial.

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.

"Under-Insurance” Claim Battle Continues

We are in the process resolving what is called a “under-insurance” claim for a client of ours.

This client was riding a motorcycle back in 2021 when he was hits by a driver who had only $100,000 in coverage.

When those $100,000 in policy limits were extended to the client, we sought more benefits/coverage from his own insurance carrier (which had “under-insurance” limits of $500,000.00).

The client’s injuries are very unique, and getting his own insurance company to do the right thing (i.e., properly value his loss) has been a challenge.

This battle is not over yet, but we keep pressing on.

Long Over Due Pension Order Obtained

We were recently able to assist a divorced wife with getting a pension order that should have been done years ago (at the time she was divorced).

It had been overlooked by her prior counsel. Sometimes these pension orders are the most significant asset in the marriage, but they are sometimes overlooked by less experienced lawyers.

Her retirement is protected now.

Meaningful "Parenting Plan" Resolution for Custody

We recently resolved a long-standing juvenile custody battle for our client – who was the father or child born out of wedlock.

On the morning of the trial, we were able to sit down with the lawyers for the mother and present our “parenting plan” in a meaningful way that did not agitate or ruffle any feathers.

It was good to see two young adults work together to put together a parenting order that was clearly in the best interests of their toddler son.

Just all handshakes and smiles when we left the courtroom.