Last week, in State v. Hoffman, 2014-Ohio-4795, the Ohio Supreme Court found the manner in which the Toledo Municipal Court issued arrest warrants “seriously disturbing.”   The Supreme Court admonished the municipal court because the misdemeanor warrants were issued without a probable cause …

Whether or not an employee is covered under the Family Medical Leave Act (“FMLA”) is an important consideration for all employers, both public and private. For public employers, the Act can have far reaching concerns as certain public employees may …

The EEOC has issued guidance on pregnancy discrimination that broadens protections for workers and risks for untutored employers. The EEOC states in that guidance that: The fact that the PDA covers not only current pregnancy, but discrimination based on past …

Public Records Update – In a case of first impression, the Twelfth District Court of Appeals found a cruiser camera video and impaired driver report were excluded from the definition of public records because they fell “squarely within the statutory …

Last month, the United States Supreme Court established a bright line rule for police officers.   If you want to search a cellphone incident to an arrest – get a warrant.  In Riley v. California, the Court held the police, generally may …

In an unreported opinion, the Sixth Circuit US Court of Appeals gave qualified immunity to Michigan prison officials who forbid a prisoner from talking to his family overseas.  The prison had a policy against calls to certain countries, and to …

The Sixth Circuit threw out the case against law enforcement and others for failing to stop a serial killer.  Sowell’s Cleveland home revealed eleven bodies, and he was convicted.  The family of one of the victims sued law enforcement for …

The United States Sixth Circuit Court of Appeals has decided an unreported case under Michigan law that shows how they would come out on a case under Ohio or federal law.  The Detroit Public Schools was under a deficit and …

The Sixth Circuit threw out a case by a Public Defender who was run out of town by the local judge in the small town of Gallipolis.  After robust motions and critical comments, Judge Evans would not sit on any …

Public Law Update – SCOTUS refines case law governing consent searches, thereby limiting its Randolph decision. On February 25, 2014, the Supreme Court made clear that, under certain circumstances, the Fourth Amendment allows one occupant to consent to a search, even after …

Public Law Update – SB 93 aims to change many things about Ohio’s Open Meeting Act, including when it’s triggered. While supporters of SB 93 believe the bill will close loopholes, others may not so readily agree. Since 1993, meetings …

On January 10 and January 18, 2014, new home mortgage rules became effective.  These rules are complex and voluminous.  They provide detailed regulation of a lender’s determination of the ability to repay loans, high rate home equity lines of credit (HOEPA), and …