<![CDATA[The Fitzsimmons Law Office, LLC - Blog]]>Sun, 18 Feb 2018 21:59:25 -0500Weebly<![CDATA[OSBA Fact Sheet on Obstruction of Justice]]>Fri, 15 Dec 2017 05:50:37 GMThttp://fitzsimmonsatlaw.com/1/post/2017/12/osba-fact-sheet-on-obstruction-of-justice.htmlThe Ohio State Bar Association published "What You Should Know about Obstruction of Justice."

<![CDATA[Town Crier]]>Fri, 08 Dec 2017 05:01:19 GMThttp://fitzsimmonsatlaw.com/1/post/2017/12/town-crier.htmlI don't know if every city or town has a "town crier" but this is would certainly be an interesting way to notify folks.

<![CDATA[Proposed "Three Day Notice" Legislation Shortens TimeĀ ]]>Thu, 16 Nov 2017 21:05:41 GMThttp://fitzsimmonsatlaw.com/1/post/2017/11/proposed-three-day-notice-legislation-shortens-time.htmlRep. Steve Merrin is sponsoring legislation in Ohio to shorten the already fairly short "three day" notice to vacate used by landlords.  The proposed legislation would count intervening weekend days and holidays.  This means a landlord could post a notice on a tenant door Thursday night, demand a tenant be gone by Sunday, and file an eviction on Monday morning.  


<![CDATA[Lawyer, Dawg...]]>Thu, 02 Nov 2017 14:06:45 GMThttp://fitzsimmonsatlaw.com/1/post/2017/11/lawyer-dawg.htmlA recent decision by the Louisiana Supreme Court determined that a defendant saying to the police, "...I know that I didn’t do it so why don’t you just give me a lawyer dog cause this is not what’s up" was not actually asking for a lawyer.  As a result, his interrogation continued and the Prosecution used his statements after requesting a lawyer against him.  


<![CDATA[Free Speech and Federal Employees]]>Wed, 01 Feb 2017 20:28:59 GMThttp://fitzsimmonsatlaw.com/1/post/2017/02/free-speech-and-federal-employees.htmlWith the current presidential administration appearing to disfavor employees offering disagreeing views, I would expect that this issue will become increasingly litigated very soon.  It will be especially troubling if these individuals are criminally prosecuted.  

<![CDATA[Of Course, review those emails]]>Sat, 28 Jan 2017 05:05:48 GMThttp://fitzsimmonsatlaw.com/1/post/2017/01/of-course-review-those-emails.htmlI've noticed a small generational gap in how emails are treated - some treat emails more like text messages, while others treat emails almost like letters.  Either way, it is important to remember that emails do not disappear after you hit "send"

<![CDATA[Social Guests are Invitees in Ohio]]>Fri, 20 Jan 2017 05:20:57 GMThttp://fitzsimmonsatlaw.com/1/post/2017/01/social-guests-are-invitees-in-ohio.htmlA recent opinion demonstrates that, in Ohio, social guests continued to be classified as invitees.  A host owes an invitee the duty of ordinary care - that is to not cause injury and to warn the guest or invitee of any condition that the host knows, or should know of through ordinary prudence, is reasonably considered dangerous.    

<![CDATA[Breakdown of Possible Trump Nominees to SCOTUS]]>Wed, 11 Jan 2017 21:22:11 GMThttp://fitzsimmonsatlaw.com/1/post/2017/01/breakdown-of-possible-trump-nominees-to-scotus.htmlIt appears that Donald Trump has had some ideas of possible SCOTUS nominees for quite some time - dropping some names as far back as Justice Scalia's death.  The potential nominees are respected jurists.  

In short, at least a few are predicting Judge Diane Sykes to be Trump's first SCOTUS nominee...


<![CDATA[Grammar Matters]]>Tue, 30 Jun 2015 01:39:44 GMThttp://fitzsimmonsatlaw.com/1/post/2015/06/grammar-matters.htmlThe Ohio Twelfth District Court of Appeals recently found for a vehicle owner in West Jefferson, Ohio, who had her car towed.  A village ordinance allowed for "any motor vehicle camper, trailer, farm implement and or non-motorized vehicle" to be towed if left on a village street for more than 24 hours.  When the vehicle owner challenged the ordinance, the Twelfth District found that the missing comma altered the meaning of the statute and that West Jefferson would need to amend the ordinance, should they wish to tow "vehicles" and campers, and not just "motor vehicle campers."  


<![CDATA[Uber and the employee vs. independent contractor debate]]>Thu, 18 Jun 2015 14:31:30 GMThttp://fitzsimmonsatlaw.com/1/post/2015/06/uber-and-the-employee-vs-independent-contractor-debate.htmlIt appears that Uber, and the so-called "1099 economy" lost an important decision recently in California.  A California Uber driver was ruled an employee - not an independent contractor - and therefore entitled to additional wages and benefits.  

Perhaps the real innovation of Uber, and other similar companies, is that they force traditional cab companies to innovate and provide better service.  Either way, the line between independent contractor and employee may be tested again in the near future.