Winter 2017
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PERSPECTIVES
A Periodic Publication of Fishel Hass Kim Albrecht Downey LLP

Officer Arriving Late to Ongoing Police Action Entitled to Immunity for Shooting Suspect
On January 9, 2017, the United States Supreme Court held there is no clearly established law prohibiting a reasonable officer arriving late to an ongoing police action from assuming proper police procedure has been followed... Learn More.

Senate Bill 27: Firefighter Cancer Presumption Law Enacted
On January 4, 2017, Governor Kasich signed into law Senate Bill 27, which states that a firefighter who is disabled as a result of cancer is presumed to have incurred the cancer while performing official duties as a firefighter... Learn More.

New EEOC Final Rules Regarding Wellness Programs under the ADA and GINA
Having taken effect January 1, 2017, the new rule issued by the Equal Employment Opportunity Commission clarifies how employers can use incentives to encourage participation in voluntary wellness programs without violating the ADA.... Learn More.

Sixth Circuit Rules in Favor of Local Right-to-Work Provisions
On November 18, 2016, The U.S. Sixth Circuit Court of Appeals issued a decision in UAW v. Hardin County, a case regarding whether or not local government may pass a law prohibiting union-security agreements under the National Labor Relations Act where that state has not passed a right-to-work law.... Learn More.

Public Records Act Exception not Applicable after Original Trial
On December 28, 2016, The Ohio Supreme Court issued a 4-1 decision which held that the exception to the Ohio Public Records Act for confidential law enforcement investigatory records does not extend beyond the completion of the trial for which the information was gathered.... Learn More.

Police Officers Found Immune from Liability in High Speed Chase Accident
On December 27, 2016, the Ohio Supreme Court held that law enforcement officers pursuing suspects are entitled to the same level of immunity provided to all government employees under state law. ... Learn More.

Arbitration Decision Vacated Due to Arbitrator’s Failure to Disclose
On October 3, 2016, the Ohio Twelfth District Court of Appeals issued a 3-0 decision vacating the decision of the arbitrator in a termination grievance, holding that the arbitrator showed evident partiality in not disclosing his position as the Executive Director for a pro-union state advocacy organization..... Learn More.

Ohio Enacts CCW Friendly Measures: Firearms in Employee Vehicles; Public Buildings; and Other Places
On December 19, 2016, Governor Kasich signed Senate Bill 199, a law that authorizes CCW holders to carry, transport, or store a concealed weapon in areas currently prohibited. The law will go into effect on March 21, 2017..... Learn More.

Transgender Restroom Access- Two Cases Poised to Clarify the Law

On Two ongoing cases should substantially shape the law for transgender access to public restrooms.... Learn More.

Court Grants Permanent Injunction Against DOL’s “Persuader Rule”
For over 50 years, the United States Department of Labor’s interpretation of the Labor Management Reporting and Disclosure Act of 1959 has remained the same. Will that change now?... Learn More.

FHKAD Attorneys Secure Summary Judgment for City in Parking Lot Case

FHKAD Attorneys David A. Riepenhoff and Melanie D. Williamson secured summary judgment in a recent premises liability and injury case brought by a citizen against a City.... Learn More.

FHKAD Attorneys Secure Summary Judgment in Discrimination Case

FHKAD attorneys Daniel T. Downey and Stephanie L. Schoolcraft secured summary judgment in a recent disability discrimination case brought by a police officer transferred to a dispatcher position.... Learn More.

FHKAD Attorneys Secure Summary Judgment in County Defamation Case

In granting summary judgment, the Court agreed with Defendants that any and all stigma Plaintiff allegedly suffered was due to his underlying conviction and not the Defendants’ actions.... Learn More.

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UPCOMING EVENTS 
AT FHKAD


 

Marc Fishel, Stephanie Schoolcraft, Ben Albrecht and Frank Hatfield are teaming up to present at the Ohio Public Employer Labor Relations Association's (OHPERLA) 33rd Annual Training Conference on February 6 and 7, 2017 at Nationwide Hotel & Conference Center in Lewis Center, Ohio.  This year's conference is entitled "Changing Sour Situations to...Sweet Success.  Marc and Stephanie will be start off by providing a legal update from 10:45 am - 12:00 pm on Monday, February 6.  Marc will speak again on Tuesday, February 7 sharing " More Addicting Than Chocolate! - Employment Issues in an Electronic World."  Ben and Frank will also deliver "Your Chocolate is in My Peanut Butter - Dealing with Employee Conflicts."also on Tuesday, February 7 from 10:30 - 11:45 a.m. For additional information on this upcoming conference, please click here.

Marc Fishel will be presenting at the State Personnel Board of Review's (SPBR) Conference 2017  on  March 24, 2017 at the Crowne Plaza Columbus in Dublin, Ohio.  Marc's presentation begins at 9:00 a.m.  He will be speaking on "Social Media's New Legal Impacts."  To find out more about this conference, please click here.

To see more dates when our attorneys are speaking, please
click here.
 
 
 
WHAT IS HAPPENING AT
 

 
FHKAD Named to the U.S. News-Best Lawyers ®

“Best Law Firms”

 

Fishel Hass Kim Albrecht Downey is honored to once again be named to the Best Law Firms List by U.S. News & World Report and Best Lawyers® for 2017.  The firm's employment and labor law management practice areas and the firm's labor and employment litigation and insurance litigation practice areas were recognized.

 

We are proud to announce that
Benjamin Albrecht, Daniel Downey, Marc Fishel and Edward Kim
were named as Best Lawyers in their respective practice areas!

 


FHKAD Attorneys Selected for the
2017 Ohio Super Lawyers and Rising Stars!

 

Several FHKAD attorneys have been selected as
2017 Ohio Super Lawyers and Ohio Rising Stars by Super Lawyers
® Magazine.

Kudos to Benjamin Albrecht, Daniel Downey, Marc FishelEdward Kim and David Riepenhoff
for being named as Ohio Super Lawyers
and to George Limbert for being named as Ohio Rising Stars!

 

 

FHKAD Welcomes
Associate H. Devon Collins

and Paralegal Lucinda Miller!

     



H. Devon Collins served the firm as Law Clerk beginning January, 2015.  
He received his Juris Doctor cum laude in May 2016 from
The Ohio State University Moritz College of Law
and was admitted to the Ohio Bar in November 2016.  
Congratulations to Devon who is now an Associate with FHKAD! 
To find out more about Devon, click here.


 
 

 
Lucinda Miller recently joined the firm as a Paralegal in October 2016.  
                          She has worked as a Paralegal for twenty years and received
her Bachelor’s Degree in Political Science from Ohio University
and Associate's Degree in Paralegal from Columbus State Community College.  In the recent past, she has served as Secretary on the Executive Board of  
PACO (Paralegal Association of Central Ohio) and has held other leadership positions within the organization, over the years.  



 

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