Dinn, Hochman & Potter, LLC
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June 2013 Archives

Ohio Supreme Court rules brochure not part of written contract

The Ohio Supreme Court recently addressed a business litigation question of, 'Can an informational brochure be considered part of a written contract?" The case involved a man with a degree from a Syrian medical school. In order to obtain a medical residency in Ohio, foreign-educated doctors must pass a test administered by the Educational Commission for Foreign Medical Graduates. The foreign doctor received a brochure from the commission that described the test as 'consisting of four, three-hour test books." The doctor took and failed the exam in 1993. In 2008, the man claimed that he was not allowed the full time for the test as described in the pamphlet. A six-year statute of limitations governs oral contracts and in 2008, the man would not have had a case if the contract had been oral.

Airline seeks immunity against security threat mistakes

According to the reports, the Supreme Court will hear a case regarding whether or not airlines will be protected from lawsuits that arise from reporting a false security threat. If the airline is not granted immunity, the ruling may have a negative effect on the airline industry's willingness to report security measures, which could ultimately affect the safety of the nation's airline passengers, including Ohio's passengers. The current case involves Air Wisconsin Airlines, which alerted authorities about a passenger who might be a security threat after an earlier dispute.

Ohio businesses may use non-competes to protect interests

Many types of businesses rely upon non-compete agreements to protect trade secrets and other proprietary information. Non-compete agreements are common in large corporations and may be included in an employment contract or negotiated as a part of a severance package. The national electronics retailer Best Buy reportedly entered into a three-year non-compete in April 2012 when its former CEO left the company. The separation agreement reportedly measured around $4 million with the attached three-year agreement that the former CEO would not work with any competitors

Small business hiring begins to heat up

Reports this week show that small business hiring is showing signs of improvement as the economy looks to continue to improve. Wednesday, the payroll giant ADP reported that small businesses added slightly more jobs in May than were recorded in April. The company also revised its March estimate significantly higher to 74,000 new jobs from the previously reported 60,000 small business hires in March, according to an Associated Press report in the Cleveland Plain Dealer.

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