Search Publications

            
Date:
July 25, 2014
As the prevalence of physician extenders continues to grow to meet patient demand, so does their scope of practice. Effective May 20, 2014, Ohio law now permits physician assistants, certified nurse practitioners, clinical nurse specialists, and certified nurse-midwives to admit patients to hospitals. Previously, only licensed physicians, podiatrists and dentists with medical staff privileges were permitted to admit a patient to a hospital.
July 23, 2014
By a published decision released on July 11, 2014, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision out of the Western District of Virginia finding that A & G Coal Corporation (“A & G”) could be sued under the federal Clean Water Act’s “citizens suit” provision for discharging a pollutant that is not expressly regulated by its National Pollutant Discharge Elimination System (“NPDES”) permit. (Southern Appalachian Mountain Stewards, et al. v. A & G Coal Corporation- Appeal No. 13-2050).

The case was brought by the Sierra Club and other regional public interest groups as plaintiffs, although the United States was noted as an “amicus” (friend) supporting those groups in the appeal.
July 23, 2014
A same-day split decision has created an uncertain future for the Patient Protection and Affordable Care Act (ACA). Yesterday, two Circuit Courts reached differing conclusions on the availability of premium subsidies for the purchase of individual health insurance coverage through the Exchange (e.g. the Health Insurance Marketplace).
July 23, 2014
Two district court orders declaring the federal Environmental Protection Agency acted illegally when it implemented certain permitting procedures for coal mining operations have been vacated by a federal court of appeals.
July 21, 2014
Have you prepared an Official Statement since January 1, 2009 in order to sell your notes, bonds or other obligations? If you have, then participating the Municipal Continuing Disclosure Cooperation Initiative (“MCDC Initiative”) may be to your advantage. The new SEC initiative encourages issuers, conduit borrowers and underwriters to self-report instances where an Official Statement has contained material inaccurate information about prior compliance with their continuing disclosure obligations in exchange for more favorable settlement terms. All transactions from January 1, 2009 are eligible.
July 18, 2014
Beginning in August, school districts will need to prepare for a new process to address conflicts and complaints from citizens. On August 11, the new/amended process, known as the “Conflict Resolution Process for Citizens (Conflict Resolution) will go into effect, replacing the former “Appeals Procedure for Citizens.”
July 17, 2014
The Ohio Supreme Court today held that when a subcontract makes payment by a project owner to the general contractor a condition precedent to the general contractor’s obligation to pay the subcontractor — the subcontract contains a valid and enforceable pay-if-paid provision. The case is Transtar Electric, Inc. v. A.E.M. Electric Services Corp., 2014-Ohio-3095 (Ohio Sup. Ct. July 17, 2014).

The issue in the case was whether the use of the term “condition precedent” in a subcontract is by itself sufficient to transfer the risk of the owner’s non-payment from the general contractor to the subcontractor. The Ohio Supreme Court held that it does.
July 16, 2014
After surviving this past winter’s polar vortex, it is hard to believe that summer is flying by and that vacation season is in full swing. Summer vacation, or any trip, is a great opportunity to relax and recharge by spending time with family or friends. As attorneys, we often find that an upcoming trip also prompts people to take care of those estate planning updates that they have been putting off. Allow yourself to fully relax on your upcoming trip by first ensuring that your estate planning is in proper order.
July 16, 2014
On July 1, 2014, the Internal Revenue Service (IRS) radically changed the way nonprofits apply for exempt status by introducing the 1023-EZ form, an alternative process for applying for §501 (c) (3) tax- exempt status. As we first told you in June, the new form has been compared to a highway express lane that will streamline a stalled out process.
July 15, 2014
Yesterday, the Equal Employment Opportunity Commission (“EEOC”) issued its first enforcement guidance on pregnancy discrimination and related issues (“the Guidance”) in 31 years. The Guidance, which offers an expanded interpretation of pregnancy discrimination and re-defines the circumstances in which an employer is required to accommodate pregnancy restrictions and lactations, represents a significant departure from the current guidelines. It was issued without public comment and over the stated dissent of two of the Commissioners, with Supreme Court and Congressional action on the horizon.