Ohio Legal Cases

Date: September 23, 2013

Felix v. Ganley – Damage Awards
Ohio Supreme Court

The court will determine whether a
class action can award damages to individuals who have suffered no actual harm.

Linert v. Ford Motor Co.
Legal Reform

Ohio Supreme Court

NFIB joined an appeal of a lower-court
decision that requires manufacturers selling products in Ohio to warn consumers
post-sale of any known risk involving the product, even if the product is not
defective.

Sakkab v. Luxottica Retail North America, Inc.
Ninth Circuit Federal Court of Appeals

The
question presented in this case is whether employers may enforce arbitration
agreements with their employees. NFIB joined with Pacific Legal Foundation in
arguing that arbitration agreements should be enforced—pursuant to the Federal
Arbitration Act—on the same terms as any other agreement. Given a string of
decisions from state courts limiting the enforceability of arbitration
agreements are not enforceable in the employment context, we maintain that its
especially important for the federal courts to enforce this point of federal
law.

 

Sisson v. RadioShack – Wage and Hour
U.S. Court of Appeals for the Sixth Circuit

The appeal concerns the Department of Labor’s determination
that employers who pay bonus, premium pay, or commission in addition to a fixed
salary are not entitled to use the fluctuating workweek method of calculating
overtime compensation. DOL’s interpretation is a reversal from previous
holdings.

Westerville, OH v. Taylor – Property Rights

Ohio Court of Appeals – Tenth district

The
City of Westerville has moved to take Taylor’s property for a self-described “beautification”
and “branding” project to promote a new image for the City. Claiming its right
to do so under the police power, the City is taking the main access
point to Mr. Taylor’s business at a major intersection and eliminating its
on-street signage. Despite taking the owner’s private property in order to
eliminate the visibility of a business from the street, the City contends that
the owner is not entitled to any compensation
for loss of visibility.

~

If you have a case that impacts
small business, please contact us at: 
1-800-552-NFIB as we are actively looking for opportunities to weigh in
on important issues in this state. NFIB Small Business Legal Center is involved
in many cases that impact this state and others; to see our complete list of
Supreme Court cases click on Washington, DC on the interactive map.

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