Robison, Curphey & O'Connell Feed Jan 2021firmwise Amy Luck to Present at Toledo Chamber Meeting to Promote Community Vaccinations Jan 2021NewsThe Toledo Regional Chamber of Commerce and The V Project, are partnering to host a virtual meeting on Tuesday, January 26, from 3:30 to 4:30 p.m. for Toledo Chamber members and for the public. It is designed to help business leaders understand The V Project - an initiative to educate and motivate residents of northwest Ohio to get vaccinated against COVID-19. The live interactive webinar will cover the benefits that the COVID-19 vaccine offers, and how to navigate the challenges and complexities associated with the vaccination process.&nbsp;<br /> <br /> Meeting participants inlcude Toledo Mayor Wade Kapszukiewicz and Commissioner Tina Skeldon Wozniak: Sean Savage, Savage &amp; Associates, and Co-Chairman of The V Project;&nbsp;Dr. Eric Zgodzinski, Director, Toledo-Lucas County Health Department; and Dr. Brian Kaminski, ProMedica Vice President of Quality and Patient Safety.<br /> <br /> RCO Law Employment and Labor Attorney Amy J. Luck will participate as a featured speaker to address the legal complexities of the Covid-19 vaccine in the workplace. Amy is part of the firm's COVID-19 Response Team and has been working with employers in Ohio and Michigan who have been facing challenges related to COVID in the past year and who will be managing the impact of the pandemic in 2021.<br /> <br /> The V Project brings together leaders in industry, government, health care, education, religious and non-profit organizations who are uniting to mobilize against the coronavirus in our community.&nbsp; The V Project supports the extraordinary efforts by scientific and pharmaceutical experts who have worked to provide vaccines that will impact rising numbers of illness and death attibuted to COVID-19 raging in the United States and around the world.<br /> <br /> To learn more go to&nbsp;<a href=""><br /> </a> <br type="_moz" /> to Present Toledo Bar Association Webinar for Attorneys Considering Non-Profit Boards Jan 2021NewsAttorney Dave Arnold will present <em>&quot;Your Counsel Counts: Determining Your Role on a Non-Profit Board</em>,&quot; for members of the Toledo Bar Association on Friday, January 22, from 11:30 a.m. to 1:30 p.m.<br /> <br /> This live, interactive webinar is designed for attorneys who are often recruited and must consider the responsibilities of serving on non-profit boards.&nbsp; <br /> <br /> Active in the community, Dave will address the importance of conducting due diligence; role clarity; legal and ethical issues; board leadership and expectations; and the role of the board versus management.&nbsp; &nbsp;<br /> <br /> Attendees will receive 1.5 CLE and .5 professional conduct credits.<br /> <a href=";evAction=showDetail&amp;eid=89641&amp;evSubAction=viewMonth&amp;calmonth=202101">Learn more and register here.&nbsp;</a> Signs Consolidated Appropriations Act 2021 to Expand COVID Relief Programs Dec 2020NewsOn December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (the &ldquo;Act&rdquo;) into law. The Act includes extension and expansion of programs and relief created by the Coronavirus Aid, Relief and Economic Security Act (CARES Act) and the Families First Coronavirus Response Act (FFCRA). The following discussion highlights key provisions of the Act. <br /> <br /> Paycheck Protection Program &ndash; The Act clarifies that businesses that receive PPP loans may take tax deductions for the expenses covered by the forgiven loans. The Act provides an additional $284 billion for the Paycheck Protection Program (&ldquo;PPP&rdquo;), which provides eligible businesses with forgivable loans. The Act expanded eligibility to include all nonprofits. Additionally, small businesses that have already received a PPP loan may apply for a second loan if they have 300 or fewer employees and can demonstrate they experienced a 25% reduction in gross receipts during a quarter in 2020 compared with the same quarter in 2019. The Act also provides a simplified forgiveness process for PPP loans under $150,000. Borrowers will need to complete a one-page certification attesting they complied with the program requirements and provide additional information. <br /> <br /> Employee Retention Credit &ndash; The Act expands eligibility for the Employee Retention Credit established by the CARES Act to include borrowers of PPP loans. The Act also changes how the credit is computed. For 2020, the CARES Act allowed an employer to claim a credit of 50% of qualified wages. For 2021, the Act amends the CARES Act to increase the credit from 50% to 70%. <br /> <br /> Employer Credit for Paid Sick Leave and Family Leave &ndash; The FFCRA provided a refundable payroll tax credit for the paid sick and family leave mandated by that statute. The new Act does not require employers to provide paid sick and family leave past December 31, 2020. However, the Act extends the tax credit to March 2021 for those employers who voluntarily offer paid sick and family leave to employees. <br /> <br /> Unemployment Benefits &ndash; Under the Act, anyone who receives an unemployment benefit from a state may receive an additional $300 a week in federal benefits for 11 weeks, from the end of December through May 14, 2021. This is half the amount that was provided by the CARES Act, which provided federal benefits through the end of July 2020. In addition, the Act expands two federal pandemic unemployment programs, Pandemic Emergency Unemployment Compensation (PEUC) and Pandemic Unemployment Assistance (PUA), which were set to expire at the end of the month. PEUC extends eligibility for unemployment benefits by an additional 13 weeks, and PUA provides unemployment benefits to independent contractors, gig workers, and the self-employed. <br /> <br /> Individual Payments &ndash; The Act provides that individuals will receive another round of stimulus payments. Individuals will receive $600 and eligible individuals filing a joint return will receive $1,200. In addition, individuals will receive $600 per child. The payment amount begins to reduce for individuals with an adjusted gross income over $75,000 and joint filers with an adjusted gross income over $150,000. However, the House plans to vote on a measure that would increase the stimulus payments to $2,000 per eligible individual. <br /> <br /> <br /> Housing &ndash; The Act extends the federal eviction moratorium until January 31, 2021 and provides $25 billion in rental assistance to those who lost their source of income during the pandemic. <br /> <br /> Miscellaneous &ndash; The Act also provides funding for childcare, schools, food assistance, health care, COVID-19 vaccinations, the U.S. Postal Service, expanding broadband access and additional programs to help stimulate the country. <br /> <br /> Noticeably missing from the Act is limited COVID-19 liability for businesses. Republican legislators supported limiting COVID-19 liability to protect businesses, schools, hospitals, and other entities from suit by those who claim the entities caused them to contract the virus. However, this limited liability was not ultimately included in the Act. <br /> <br /> As always, the lawyers at RCO Law stand ready to counsel you on COVID 19-related business and employment issues.<br /> Supreme Court Rules Statute of Repose is a Hard Deadline in Medical Claims Dec 2020NewsOhio's highest court held that medical negligence plaintiffs must pursue their claims within four years of their injury, regardless of procedural mechanisms that provide relief from the one-year statute of limitations.<br /> <br /> On December 23, 2020, the Ohio Supreme Court ruled in Wilson v. Durrani, 2020-Ohio-6827, that Ohio&rsquo;s savings statute does not operate to extend the four-year statute of repose, clarifying the interplay between statutes of limitations, statutes of repose and saving statutes affecting the rights of claimants pursuing medical claims. <br /> <br /> Ohio Revised Code 2305.113(A)&mdash;Ohio&rsquo;s statute of limitations for medical claims&mdash;requires such claims to be filed no later than one year from the date the claim accrued, that is when the injury occurred or was discovered. If a filed medical claim later fails for a reason other than on the merits, the savings statute found in R.C. 2305.19(A) allows a claimant to refile their claim within one year of the date of dismissal of the first suit, even if the statute of limitations has expired. The savings statute acts as an extension of the statute of limitations, whose purpose is to ensure plaintiffs timely pursue known medical claims.<br /> <br /> The statute of repose, found in R.C. 2305.113(C), generally holds that:<br /> <br /> (1) No action upon a medical * * * claim shall be commenced more than four years after the occurrence of the act or omission constituting the alleged basis of the medical * * * claim. <br /> <br /> (2) If an action upon a medical * * * claim is not commenced within four years after the occurrence of the act or omission constituting the alleged basis of the medical * * *claim, then, any action upon that claim is barred.<br /> <br /> In contrast to the statute of limitations, the purpose of the statute of repose is to ensure that defendants are free from the fear of litigation after a certain amount of time &mdash; four years in the case of medical claims. <br /> <br /> The Ohio Supreme Court ruled that the savings statute, R.C. 2305.19(A) does not operate to extend the statute of repose. Therefore, if a medical claim is filed within the one-year statute of limitations and voluntarily dismissed without prejudice before trial, the claim must be refiled within four years after the act or omission giving rise to the medical claim, or the medical claim will be time barred by the statute of repose.<br /> <br /> <br /> <br /> Law Wins Unanimous Ohio Supreme Court Reversal: Ohio's Voiding Statute Applies to all Written Wills Admitted to Probate Dec 2020NewsIn a case of first impression in the State of Ohio, RCO Law recently secured a unanimous decision from the Ohio Supreme Court confirming that R.C. 2107.15, known as Ohio&rsquo;s Voiding Statute, applies to all written wills admitted to Probate Court. The important ruling resulted in RCO Law&rsquo;s client prevailing in a bitter will contest action.<br /> <br /> The case arose out of the events of December 22, 2006, when Joseph Shaffer, in declining health, asked for a notecard and wrote: <br /> <br /> My estate is not/completely settled/all of my sleep network/stock is to go to/Terry Shaffer/Juley Norman for/her care of me is to/receive &frac14; of my estate/Terry is to be the/executor./This is my will. - [/s/ Joseph I. Shaffer].<br /> <br /> Juley Norman and her son Zachery watched the decedent draft and sign the notecard, but neither Juley nor Zachery signed the notecard identifying them as witnesses to the execution of the 2006 writing.<br /> <br /> After Mr. Shaffer died, Zachery Norman filed an Application to Admit the notecard to the Lucas County Probate Court, seeking distribution of the Shaffer estate in a manner consistent with the notecard instructions. Following a hearing on the Application pursuant to R.C. 2107.24, Ohio&rsquo;s &ldquo;harmless error&rdquo; or &ldquo;Remediation Statute&rdquo;, the Lucas County Probate Court denied admission of the notecard as a will. Zachery Norman appealed, and the Sixth District Court of Appeals held that the Remediation Statute eliminates the requirement of witness competency and accordingly, the voiding provision of R.C. 2107.15 does not apply to essential witnesses to a remediated will.<br /> <br /> RCO Law attorneys Corey Tomlinson, Paul Croy, Sarah Corney, and Kayla Henderson appealed the Sixth District Court of Appeals&rsquo; decision. The Ohio Supreme Court agreed to review whether Juley, as a would-be beneficiary under the notecard will, and as one of only two witnesses to its execution, could receive the bequest to her in the will. On December 16, 2020, the Ohio Supreme Court settled the issue in a unanimous 7-0 ruling. The Court held that Juley could not take under the 2006 notecard, because: <br /> <br /> R.C. 2107.15 controls the testamentary dispositions to essential witnesses as a matter of law after a will is admitted to probate regardless of whether it is admitted pursuant to R.C. 2107.03 or 2107.24. Further, the plain language of R.C. 2107.24 neither refers to nor provides alternatives to R.C. 2107.15 or to any statutes that govern the competency of witnesses. The voiding provision of R.C. 2107.15 therefore applies equally to essential witnesses to both formally compliant and remediated wills.<br /> <br /> The Ohio Supreme Court&rsquo;s decision provides welcome and important certainty and transparency for Ohioans intending to leave instructions as to disposition of their property upon death. The ruling confirms that the application of the Voiding Statute to wills admitted pursuant to the Remediation Statute, and treated like formally executed wills, ensures the integrity of the will execution process. <br /> <br /> RCO Law is pleased to have successfully prevailed for its client, preventing dilution of the estate and effectuating the clear intent of the Ohio legislature through the interplay between the Voiding and Remediation statutes. <br /> <br /> This case demonstrates RCO Law&rsquo;s unwavering commitment to serving clients and the firm&rsquo;s depth of experience in estate planning, wealth preservation, trust and probate administration and litigation. To learn more or to speak with an attorney in the Estate Planning &amp; Wealth<br /> Preservation Practice, please contact Attorneys <a href="">Sarah Corney</a>&nbsp;or <a href="">Paul Croy</a>. <br /> Issues Updated COVID-19 Technical Assistance Publication Dec 2020NewsToday, the U.S. Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.<br /> The publication, <a href=";utm_medium=email&amp;utm_name=&amp;utm_source=govdelivery&amp;utm_term=">&ldquo;<em>What You Should Know About COVID-19 and the ADA, the Rehabilitation</em> <em>Act, and Other EEO Laws</em></a><i>,&quot;</i>&nbsp;includes a new section (Section K. - Vaccinations) providing information to employers and employees about how a COVID-19 vaccination interacts with the legal requirements of the Americans with Disabilities Act (ADA, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act (GINA). This includes issues pertaining to medical pre-screening questions and employer accommodations for those unable to receive a vaccination.<br /> <br /> In response to inquiries from the public, the EEOC has provided resources on its website related to the pandemic in an employment context. The EEOC will continue to monitor developments and provide assistance to the public as needed.<br /> <br /> More information is available at <a href=";utm_medium=email&amp;utm_name=&amp;utm_source=govdelivery&amp;utm_term="></a>.&nbsp;&nbsp;<br /> For additional information, contact RCO Law Labor &amp; Employment Attorneys <a href="">Bill Beach</a> and <a href="">Amy Luck</a>.<br /> <br /> <br /> <br type="_moz" /> Law Attorneys Named in 2021 Edition of The Best Lawyers in America Dec 2020NewsCongratulations to RCO Law attorneys <a href=";A=7120&amp;format=xml&amp;p=6664">Jim Brazeau,</a> <a href=";A=7095&amp;format=xml&amp;p=6664">Pete Lavalette</a>, <a href=";A=7125&amp;format=xml&amp;p=6664">Steve Stanford</a>, and <a href=";A=7111&amp;format=xml&amp;p=6664">Craig Van Horsten </a>who were are included in the <em>2021 Edition of Best Lawyers in America</em>.&nbsp;Of note, Jim was voted 2021 &quot;Lawyer of the Year&quot; for Appellate Practice in Toledo. Steve was voted 2021 &quot;Lawyer of the Year&quot; for Labor Law in Management & Employment Issues in the COVID Era Topic of Maumee Chamber Webinar Nov 2020NewsRCO Law Labor &amp; Employment Attorneys Bill Beach and Amy Luck presented &quot;Labor &amp; Employment Issues in the COVID Era&quot; to the Maumee Chamber of Commerce at a webinar today for businesses in Ohio and Michigan.<br /> <br /> This webinar addressed COVID-19-Related paid leaves; modifying businesses to comply with COVID-19 rules; unemployment compensation; safety and testing guidelines for employees and customers; and HB 606 and COVID-19-Related legal immunity.<br /> <br /> <a href="/7599B1/assets/files/Documents/Labor &amp; Employment Issues in the COVID Era FINAL V2.pptx"> Click here</a> for the PowerPoint presentation.<br /> <br /> <a href=";cid=9774F8644BA23716&amp;id=9774F8644BA23716%211582&amp;parId=9774F8644BA23716%211574&amp;o=OneUp">Click here </a>for the webinar recording. Supports Mercy Health Foundation's Day of Hope for Trauma Recovery Center Nov 2020News<p>Mercy Health Foundation's Day of Hope on Tuesday, October 20, raised over $60,000 for the Trauma Recovery Center at St. Vincent Medical Center. The Trauma Recovery Center provides services to victims of crimes in Northwest Ohio which includes children, adults and their family members. The TRC is funded through a grant from the Ohio Attorney General's Office.&nbsp;&nbsp;The TRC provides therapy sessions as well as emergency housing, legal services, transportation, food, and clothing.</p> <p>Since the beginning of the COVID crisis in March, the TRC has received over 200 referrals with approximately half from family and domestic violence, child abuse, or sexual abuse.</p> <p>RCO Law served as a sponsor for the Day of Hope along with Dunbar Mechanical, Rudolph Libbe Group, and Black &amp; White Transportation. Monetary donations, which cover the costs of therapy, group sessions, and special programs, were matched by a major donor. In-kind donations of toys and supplies were dropped off at Black &amp; White Transportation (below) with David Brieninger and Megan Quimby greeting donors. It's not too late to give...<br /> Donations for the TRC continue to be accepted <a href=";eventID=2790">here.</a></p> <img src="" hspace="0" vspace="0" align="absmiddle" alt="" border="0" width="437" height="410" /> & Employment Issues in the COVID Era Topic of Webinar on November 11 Oct 2020NewsAs the year ends, it is very clear that businesses will continue to be significantly impacted by COVID-19. Now is the time for large and small businesses to consider where they have been and to plan for 2021 with COVID considerations.<br /> <br /> RCO Law Attorneys Bill Beach and Amy Luck will present&nbsp;<br /> <span style="font-size: small;"><strong><em>Labor &amp; Employment Issues in the</em> <em>COVID Era</em> <br /> </strong></span>on Wednesday, November 11, from noon until 1 p.m. This complimentary webinar, sponsored by the Maumee Chamber of Commerce, will focus on:<br /> <ul> <li><span style="font-size: small;"><strong>Modifying businesses to comply with COVID-19 rules;</strong></span></li> <li><span style="font-size: small;"><strong>Safety and testing guidelines for employees and customers;</strong></span></li> <li><span style="font-size: small;"><strong>COVID-19 related paid leave;</strong></span></li> <li><span style="font-size: small;"><strong>Unemployment compensation;</strong></span></li> <li><span style="font-size: small;"><strong>HB 606 and COVID related legal immunity.&nbsp;</strong></span></li> </ul> With decades of experience in labor and employment law, Bill and Amy provide counsel to clients ranging from Fortune 500 manufacturing companies to local businesses and nonprofit entities. In 2020, they have provided crucial support and up-to-date resources for clients who are operating under state and federal mandates related to COVID-19.<br type="_moz" /> <br type="_moz" /> To register, click here:<br /> <br /> <a href=""> <span style="font-size: smaller;"></span></a><br /> <br /> <br /> <br /> <hr /> <hr /> <br /> <br /> <br /> <br /> <br />