News
Articles
Skidmore & Associates is a versatile law firm. In addition
to serving as effective role models to their respective families
and performing their duties as legal practitioners, our attorneys
author articles and newsletters addressing legal developments in
federal and state courts and government.
- How to Win Denial of Health Benefit Litigation – Part 2 . The topic of how to win denial of health benefit litigation is presented in two parts. By Eric E. Skidmore, Esq.
- Real
Estate Magnate Wolstein Unable to Obtain Zoning Variance for Wrought
Iron Security Fence in the City of Pepper Pike, Ohio. The late
Bertram (“Bart”) Wolstein comes up short in demonstrating
“practical difficulties” in an attempt to obtain a zoning
variance to erect a six-foot high wrought iron security fence around
the perimeter of his residence. …(read
more) By: Eric E. Skidmore, Esq.
- Sheriff’s
Sale of Foreclosed Home Set Aside Because Appraisal Failed to Take
into Account Home’s Interior Condition. Ohio’s 2nd
District Court allows bidder at sheriff’s sale to avoid the
purchase of a property because the bidder was not advised that the
appraisal referred to in the notice of sheriff’s sale published
in the newspaper did not include an interior examination of the
property delivering the bidder from the rigid consequences of the
doctrine of caveat emptor (let the buyer beware)…(read
more) By Spiros Vasilatos, Jr.,
Esq.
- Exculpatory
Language in Closing Escrow Agreement Disclaiming Agent’s Responsibility
as to Compliance With Local and Municipal Requirements Was Held
to be Enforceable. The 11th District Court excuses an escrow
agent from liability by allowing escrow agent to contractually avoid
compliance with the mandatory requirement of not filing of record
a conveyancing instrument without the seller providing the buyer
with a current certificate of inspection…(read
more) By Brian K. Skidmore, Esq.
- Purchaser
of Defective Home is Time Barred from Bringing Fraud and Negligent
Construction Claims. The proverbial “wet basement”
cases will never be under-litigated in Ohio. This type of litigation
is extremely contentious, because it usually involves a family’s
primary asset - their home. The defects in the home are daily reminders
to the homeowners that they have been wronged. These cases routinely
consist of a buyer who is allegedly wronged in the purchase of a
home, based upon the seller’s failure to disclose certain
defects. The basic query is similar to the question asked during
the House Judiciary Committee hearings on Watergate in 1974, “What
did he know and when did he know it?”... (read
more) By Eric E. Skidmore, Esq.
- How
to Win Denial of Health Benefit Litigation – Part 1.
The topic of how to win denial of health benefit litigation is presented
in two parts. Part I provides a candid review of the burden placed
upon participants to enforce health benefits and claims governed
by the Employee Retirement Income Security Act of 1974 (“ERISA”).
By Eric E. Skidmore, Esq.
- Mechanic's
Lien Law Becomes More Lien-ient. New Ohio legislation (H.B.
514) provides more flexibility in the service of Mechanics' Liens,
making it easier for workers to get paid. By Eric
E. Skidmore, Esq.
- Santa
Claus is Cited in Trumbull County. A review of an instance
last Christmas when the jolly old fellow was involved in a legal
entanglement. By Eric E. Skidmore, Esq.
- Ohio
Enacts Anti-terrorism Legislation. A review of some of the
changes in Ohio law from a criminal and business perspective since
the tragic events of 9/11. By Eric E.
Skidmore, Esq.
- Employers
Shall Take Special Precautions In the Retention of Armed Security
Guard Independent Contractors to Avoid Tort Liability: A
review of a holding of the Ohio Supreme Court expanding the tort
liability of an employer for negligent acts of an independent contractor.
By Brian K. Skidmore, Esq.
- An
Efficient Transfer of a Decedent's Real Property Assets: The Transfer
on Death Deed. A review of the most recent legislatively
created vehicle to transfer real property from one generation to
the next while avoiding the long arduous process of probating and
administrating an estate. By Spiros
Vasilatos, Jr., Esq.
- In Deed - A Witness to Change
in the Execution of Real Estate Documents: A review
of the repeal of the two witness requirement in the execution of
real estate documents and the effect of one witness mortgage litigation
in bankruptcy cases.
By
Eric E. Skidmore, Esq.