<![CDATA[The Fitzsimmons Law Office, LLC - Blog]]>Wed, 22 Nov 2017 10:04:04 -0500Weebly<![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.

<![CDATA[Duties of an administrator versus desires as a beneficiary]]>Wed, 08 Apr 2015 17:55:26 GMThttp://fitzsimmonsatlaw.com/1/post/2015/04/duties-of-an-administrator-versus-desires-as-a-beneficiary.htmlA recent case from the Ohio Eleventh District Court of Appeals serves as a reminder that the fiduciary duties of administrators & executors can often conflict with the desires of a beneficiary.  In In re Estate of Barry, the administrator, who was also a beneficiary, used estate funds for necessary repairs to the estate's real property.  The case arose, however, because the administrator had already agreed to purchase the real property "as-is" from the estate - before the repairs were made. 
It is important to remember that administrators and executors have a fiduciary duty to the estate, regardless of whether or not they are also a beneficiary.  

In re Estate of Barry:  http://www.supremecourt.ohio.gov/rod/docs/pdf/11/2015/2015-Ohio-1203.pdf
<![CDATA[Minor Change in Ohio Intestacy Law]]>Wed, 04 Mar 2015 16:52:39 GMThttp://fitzsimmonsatlaw.com/1/post/2015/03/minor-change-in-ohio-intestacy-law.htmlOn March 23, 2015, Ohio Intestacy law will change.  It is a relatively small alteration (to those who are not affected) - intestate children conceived as a result of rape or sexual battery will no longer give any share to the offending biological parent - but the change serves as a reminder that laws can and do change.  

Ohio R.C. 2105.06, effective March 23,2015.]]>