SERIES: Bankruptcy and Distressed Property in a Domestic Relations Matter YOU ARE HERE: Part 1- How Bankruptcy Affects Distressed Property in Divorce or Dissolution: The Basics Part 2- What is an Automatic Stay and How Does it Affect Divorce? Part 3- How Chapter 7...
Content By Janet Stewart Scalley
Ohio Supreme Court Decision Confirms Key Jurisdictional and Property Division Principles in Divorce Lawsuits
Background: Ostanek v. Ostanek The Ohio Supreme Court’s recent decision in Ostanek v. Ostanek, Case No. 2021-Ohio-2319 (“Ostanek”), although legally technical, serves as a good reminder of certain significant jurisdictional and property division principles in divorce...
Can Premarital Cohabitation & Prenups Impact Divorce Rates?
Although social scientists have been studying marital trends for decades, there is a notable component of these studies which is often less commonly-discussed—particularly, the relationship, if any, between premarital cohabitation and a subsequent termination of the...
DOL Withdraws Independent Contractor Final Rule, Signaling Substantial Shift from Trump Administration FLSA Policy
On May 5, 2021, the U.S. Department of Labor (DOL) officially announced the withdrawal of the Independent Contractor Final Rule (the “Final Rule”), which had been previously issued by the DOL in the final weeks of the Trump Administration. While the DOL’s withdrawal...
Ohio Supreme Court Finds Cognovit Note Enforceable Based on Intent
The Ohio Supreme Court’s recent decision in Sutton Bank v. Progressive Polymers, L.L.C., Case No. 2020-Ohio-5101 (Sutton) reaffirmed the enforceability of cognovit notes in Ohio. The Court confirmed that, although cognovit notes and their terms are to be strictly...
Minor Leaguers Get a Win in FLSA Lawsuit Against MLB
In a lawsuit originating in 2014 captioned Senne, et al. v. Kansas City Royals Baseball, et al., thousands of minor league baseball players (the “Minor Leaguers”) allege that Major League Baseball and its teams (collectively, “MLB”) has failed to pay them a fair wage,...
Employee Handbook Policies Getting Greater Latitude From the NLRB
Ordinarily, we think of the National Labor Relations Board (“NLRB” or the “Board”) as the agency that regulates workplaces in which employees are represented by labor unions. However, in recent years, the NLRB has made it clear that the rules prohibiting employers...
The Domestic Relations Courts’ Adjusted Protocols in Response to COVID-19: What Lawyers and Litigants Can Expect
In light of the rapid rise of the novel coronavirus (COVID-19) throughout all corners of the world in recent months, all experts now appear to agree that “social distancing” is critical to stemming the continued spread of the disease and, ultimately, saving lives....
What Is a Divorce? The Answer Might Not Be as Simple as You Think
The answer to the question seems simple. Everyone knows what a divorce is, right? Well… maybe not. In its simplest—but most legally technical—form, a divorce in the State of Ohio is an adversarial legal action between two individuals who are legally married, the...