http://www.ms-lawfirm.com/news/ Important News & Event information for Maguire & Schneider, LLP. en Copyright 2012 Wed, 24 Aug 2011 11:17:06 -0500 http://www.sixapart.com/movabletype/ http://blogs.law.harvard.edu/tech/rss Karl Schneider and Mark Meterko successfully represented the purchaser of a foreclosed property at a sheriff’s sale in an appeal of the underlying foreclosure judgment and confirmation of sale before the Tenth District Court of Appeals for the State of Ohio. Mr. Schneider and Mr. Meterko successfully argued that the purchaser should be allowed to intervene in the appeal to protect her interest in the property, and successfully argued for the affirmation of the underlying foreclosure judgment and confirmation of sale. http://www.ms-lawfirm.com/news/2011/08/associate_partner_sucessfully.shtml http://www.ms-lawfirm.com/news/2011/08/associate_partner_sucessfully.shtml Wed, 24 Aug 2011 11:17:06 -0500 In September of 2010, Maguire & Schneider was appointed as Special Counsel by former Attorney General Richard Cordray to represent the Secretary of State in the case of Lavin v. Husted, Case No. 1:10-cv-01986 (N.D. Ohio 2010). On behalf of the Secretary, the law firm successfully defended the constitutionality of Ohio Revised Code section 3599.45, which prevents the Attorney General, county prosecutors, and any candidate for Attorney General or county prosecutor from accepting campaign contributions from individuals that provide goods and services under the Medicaid program. The Complaint sought preliminary and permanent injunctive relief to prevent the Secretary from enforcing R.C 3599.45, and a judgment declaring that R.C. 3599.45 was unconstitutional in violation of the First and Fourteenth Amendments. On July 22, 2011, the Honorable Judge Donald C. Nugent granted the Secretary’s Motion for Summary Judgment, holding that, “the Secretary has presented sufficient evidence regarding Medicaid fraud in Ohio and the roles of county prosecutors and the Attorney General in combating that fraud to carry his burden of demonstrating a sufficiently important governmental interest to justify limiting campaign contributions.” In upholding the statute’s constitutionality, Judge Nugent went on to conclude that Revised Code 3599.45 is closely drawn to advance the sufficiently important state interest of preventing corruption and the appearance of corruption. http://www.ms-lawfirm.com/news/2011/08/maguire_schneider_successfully.shtml http://www.ms-lawfirm.com/news/2011/08/maguire_schneider_successfully.shtml Fri, 05 Aug 2011 14:41:11 -0500 On October 19, Patrick Maguire and Karl Schneider presented at the 2010 International Radon Symposium at the Hyatt Regency in Columbus Ohio. Their discussion centered on legal issues impacting radon professionals in the areas of statutory compliance , consumer law, mechanic‘s lien and residential real estate transactions. http://www.ms-lawfirm.com/news/2010/10/partners_present_at_2010_inter.shtml http://www.ms-lawfirm.com/news/2010/10/partners_present_at_2010_inter.shtml Events Karl H. Schneider, Partner Patrick D. Maguire, Partner Thu, 21 Oct 2010 10:52:24 -0500 Maguire & Schneider, LLP is pleased to announce that Keith W. Schneider, a partner in the firm, has been elected to a second term on the Columbus Bar Association's 2010-11 Board of Governors. He was officially sworn in on June 4th at the CBA's Annual Meeting. Mr. Schneider is the head of the Labor and Employment group and represents corporations and individuals involved in employment disputes. He also focuses on receivership issues. http://www.ms-lawfirm.com/news/2010/06/partner_elected_to_second_term.shtml http://www.ms-lawfirm.com/news/2010/06/partner_elected_to_second_term.shtml Mon, 21 Jun 2010 10:58:27 -0500 Trina Goethals, Aaron Weir and Karl Schneider presented a symposium to the Denison University, Pi Phi Sorority Chapter on Sunday, April 18, 2010, in Granville, Ohio. The firm’s attorneys discussed employment contracts and other future employment issues including harassment and unpaid internships. Other topics included the evolution of hazing, social media risks including Facebook and MySpace, and various landlord-tenant issues. http://www.ms-lawfirm.com/news/2010/04/trina_goethals_aaron_weir_and.shtml http://www.ms-lawfirm.com/news/2010/04/trina_goethals_aaron_weir_and.shtml Events Fri, 23 Apr 2010 14:31:21 -0500 Karl H. Schneider was appointed in November 2009 by Governor Ted Strickland to the Sunset Review Committee. The nine-member committee is charged with gathering information on state boards, commissions, committees, councils “ or any other similar state public body required to be established pursuant to state statutes for the exercise of any function of the state government and to which members are appointed or elected,” according to its authorizing statute. The committee is comprised of 3 members appointed by the President of the Ohio Senate, 3 members appointed by the Speaker of the Ohio House, and 3 appointed by the Governor. http://www.ms-lawfirm.com/news/2010/01/partner_karl_schneider_appoint.shtml http://www.ms-lawfirm.com/news/2010/01/partner_karl_schneider_appoint.shtml Karl H. Schneider, Partner Recognition Fri, 22 Jan 2010 12:08:08 -0500 Maguire & Schneider, LLP is pleased to announce that two of its Partners Karl H. Schneider and Keith W. Schneider were named 2010 Ohio Super Lawyers. Karl Schneider was additionally selected in the Top 50 in Central Ohio listing. We are also pleased to announce that Firm Attorneys Trina N. Goethals, Mark R. Meterko and Aaron J. Weir were named by Super Lawyers magazine as 2010 Ohio Rising Stars. Super Lawyers is a comprehensive and diverse listing of exceptional attorneys representing a wide spectrum of practice areas, firm sizes and geographic locations. The list is based on surveys of thousands of lawyers and peer reviews. Only the top five percent of lawyers from nearly sixty practice areas are named Super Lawyers. http://www.ms-lawfirm.com/news/2009/12/two_partners_named_2010_ohio_s.shtml http://www.ms-lawfirm.com/news/2009/12/two_partners_named_2010_ohio_s.shtml Karl H. Schneider, Partner Keith W. Schneider, Partner Mark R. Meterko Recognition Trina N. Goethals Wed, 23 Dec 2009 16:12:53 -0500 Partner Karl H. Schneider was appointed to the planning committee for the 2010 Sixth Circuit Judicial Conference. http://www.ms-lawfirm.com/news/2009/07/partner_karl_h_schneider_appoi.shtml http://www.ms-lawfirm.com/news/2009/07/partner_karl_h_schneider_appoi.shtml Events Mon, 13 Jul 2009 12:00:40 -0500 Hydroxycut Regular Rapid Release Caplets

Hydroxycut Caffeine-Free Rapid Release Caplets

Hydroxycut Hardcore Liquid Caplets

Hydroxycut Max Liquid Caplets

Hydroxycut Regular Drink Packets

Hydroxycut Caffeine-Free Drink Packets

Hydroxycut Hardcore Drink Packets (Ignition Stix)

Hydroxycut Max Drink Packets

Hydroxycut Liquid Shots

Hydroxycut Hardcore RTDs (Ready-to-Drink)

Hydroxycut Max Aqua Shed

Hydroxycut 24

Hydroxycut Carb Control

Hydroxycut Natural

Although the FDA has not received reports of serious liver-related adverse reactions for all Hydroxycut products, Iovate has agreed to recall all the products listed above. Hydroxycut Cleanse and Hoodia products are not affected by the recall. Consumers who have any of the products involved in the recall are advised to stop using them and to return them to the place of purchase. The agency has not yet determined which ingredients, dosages, or other health-related factors may be associated with risks related to these Hydroxycut products. The products contain a variety of ingredients and herbal extracts. Health care professionals and consumers are encouraged to report serious adverse events (side effects) or product quality problems with the use of these products to the FDA's MedWatch Adverse Event Reporting program online, by regular mail, fax or phone. –Online: www.fda.gov/MedWatch/report.htm –Regular Mail: Use FDA postage paid form 3500 found at: www.fda.gov/MedWatch/getforms.htm and mail to MedWatch, 5600 Fishers Lane, Rockville, MD 20852-9787 –Fax: 800-FDA-0178 –Phone: 800-FDA-1088 The FDA continues to investigate the potential relationship between Hydroxycut dietary supplements and liver injury or other potentially serious side effects. ____________________________________________________________ Maguire & Schneider is currently investigating Hydroxycut. If you feel you have suffered as a result of Hydroxycut® please contact: Wayne Hassay 614-224-1222 800-600-1222]]> http://www.ms-lawfirm.com/news/2009/05/fda_press_release_regarding_hy.shtml http://www.ms-lawfirm.com/news/2009/05/fda_press_release_regarding_hy.shtml Events Wed, 06 May 2009 13:45:24 -0500 Partner Karl H. Schneider recently addressed the Columbus Commercial Industrial Investors Realtors’ (“CCIIR”) forum. Mr. Schneider described the operations of the Ohio Real Estate Commission and Ohio Division of Real Estate and discussed business practices with a view toward creating risk reduction. Trina N. Goethals attended the forum with Mr. Schneider, offering guidance to inquiring attendees. http://www.ms-lawfirm.com/news/2009/05/partner_karl_schneider_speaks.shtml http://www.ms-lawfirm.com/news/2009/05/partner_karl_schneider_speaks.shtml Events Tue, 05 May 2009 12:42:14 -0500 http://www.ms-lawfirm.com/news/2009/04/raptiva_questionnaire.shtml If you are currently a member of Pre-Paid Legal, contact us at 1-800-464-2266. If you are not currently a member, contact us at 1-800-600-1222. ]]> http://www.ms-lawfirm.com/news/2009/04/raptiva_a_drug_used_for_treatm.shtml http://www.ms-lawfirm.com/news/2009/04/raptiva_a_drug_used_for_treatm.shtml Attorney Postings Wayne E. Hassay, Partner Tue, 14 Apr 2009 15:26:41 -0500 whassay@ms-lawfirm.com Name: ________________________________________________ Address: ________________________________________________ ________________________________________________ E-mail Address:________________________________________________ Home Phone:______________________ Work Phone:____________________________ Social Security #:_______-_______-________ Date of Birth:______-_______-______ Date of Death (if applicable):___________________ Employer:________________________________ Job Title:____________________________ Employer Address: _______________________________________ _______________________________________ Number of Years Employed:___________________ Salary:_________________ Marital Status: Spouses Name:___________________________ Spouse's Social Security #:______-____-_______ Date of Birth:_______-_______-______ Spouse's Employer:______________________________ Job Title:___________________________ Spouse's Business Phone:_______________________________ Children (names & ages): ___________________________________ ___________________________________ ALTERNATE CONTACT PERSON (Outside your household) Name:_______________________________ Home Phone #:_______________ Email Address:________________________ Work Phone #:________________ Address:_____________________________________________________________________________ Relationship to you:____________________________________ MEDICAL HISTORY: Date started Raptiva: ___/___/_____ Date discontinued Raptiva: ___/___/_____ Physician Name/Address who prescribed Raptiva: _________________________________________ ____________________________________________________________________________________ Describe medical condition or reasons why you started Raptiva: __________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ What did the Physician tell you, if anything, about the risks of Raptiva: ___________________________ ____________________________________________________________________________________ Name and address of all pharmacies where you had a prescription of Raptiva filled: _________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Were you ever given Raptiva directly from the Physicians office: ___ yes ___ no If yes, name/address of Physicians office: ________________________________________________ ____________________________________________________________________________________ List all other medications you were taking when you were taking Raptiva: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Current Physician(s)/facilities treating you for injuries from Raptiva:_______________________ ____________________________________________________________________________________ ____________________________________________________________________________________ (name) (address) Have you been diagnosed or experienced any of the following conditions: if yes, mark one (1) if diagnosed before taking Raptiva; and two (2) if diagnosed during or shortly after taking Raptiva Bacterial Sepsis ____yes ___no date of diagnosis ___/____/____ Viral Meningitis ___ yes ___ no date of diagnosis ___/___/___ Invasive Fungal Disease ___ yes ___ no date of diagnosis ___/___/___ PML ___ yes ___ no date of diagnosis ___/___/___ Other Infections ___ yes ___ no date of diagnosis ___/___/___ If so, what type of infection(s)________________________________________________ Any Immune Deficiency Disease ___yes ___no date of diagnosis__/___/___ If so, what type of disease(s)______________________________________ While taking Raptiva, did you ever experience the following conditions? Weakness in one side of body _____yes ____no Loss or Blurred Vision _____yes ____no Fatigue _____yes ____no Memory Loss _____yes ____no Disorientation _____yes ____no Loss of Balance _____yes ____no Do you have any other health condition which you believe was caused by the medication Raptiva? If so, state condition, symptoms and the date this occurred:______________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Did a Physician ever tell you that you were injured as a result of taking Raptiva: ____ yes ____ no If so, when: ___/___/___ Family History: Mother, Father, Sisters, Brothers; Alive & Well?_____________________________ ____________________________________________________________________________________ Major Illnesses among family members:__________________________________________________ ____________________________________________________________________________________ Previous Illnesses/prior Hospitalizations:___________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Present Family Physician: (address & phone #):______________________________________________ ____________________________________________________________________________________ ]]> http://www.ms-lawfirm.com/news/2009/04/raptiva_questionnaire.shtml http://www.ms-lawfirm.com/news/2009/04/raptiva_questionnaire.shtml Attorney Postings M&S Staff Attorney Tue, 14 Apr 2009 15:20:40 -0500 Have you ever stopped to consider how long you or your parents have worked to build the value of your estates? That hard work can be significantly compromised when faced with the high cost of nursing home care. Most people know they can rely on Medicaid to cover the cost of nursing home care but only after near exhaustion of their hard earned assets. The Deficit Reduction Act passed in 2006 made it even more difficult to qualify for Medicaid by including a five year look back period. It is commonly understood this look-back period requires all estate planning to occur at least five years prior to the need for Medicaid. However, with a proper understanding of the Medicaid code and the conforming Ohio statutes it may be possible to preserve more than half of an estate, even if nursing home care is needed within the next five years. In fact, effective planning might be possible even if a loved one is currently residing in a nursing home. It is never too late to plan for long-term care. If you or your loved ones might be in need of long term nursing care please contact us immediately. We may be able to help preserve some of those hard earned assets. If you are currently a member of Pre-Paid Legal contact us at 1-800-464-2266. If you are not currently a member feel free to contact us at 1-800-600-1222. http://www.ms-lawfirm.com/news/2009/02/let_us_help_you_protect_your_a.shtml http://www.ms-lawfirm.com/news/2009/02/let_us_help_you_protect_your_a.shtml Attorney Postings Wayne E. Hassay, Partner Fri, 27 Feb 2009 15:11:02 -0500 By Keith Schneider, Partner at Maguire & Schneider LLP Published in MY Business, The magazine from the National Federation of Independent Business Background/Applicability Prevailing wage (PW) laws require that workers on certain public construction projects be paid a specified minimum wage. Recently, Gov. Ted Strickland significantly expanded the prevailing wage guidelines to include even more types of projects. Among other applications, the new guidelines broaden prevailing wage to projects involving state support for environmental cleanup, as well as to the purchase of machinery and equipment with sate dollars. Even a privately financed factory may be subject to the prevailing wage laws if the machinery inside was purchased with public assistance. Newly Issued Guidance Issued by Department of Commerce Recently, the Department of Commerce has issued guidance to “clarify” when PW is triggered on privately funded construction activity as a part of a “public improvement project.” There is a presumption that PW applies to a privately funded construction project when it is “completed” within six months of publicly supported construction that is used to facilitate the use of the private construction project. For example, the department says that if the state of Ohio pays for a rail spur from the main rail line onto the property of X Corp, then X Corp constructs a warehouse within six months of the rail spur, PW applies to the entire warehouse construction. Another common example in which PW applies under the recent guidance is when private construction takes place on land that has been remediated of environmental hazards via public funds. PW will apply when public funds are used to support remediation of environmental hazards when a developer or end-user has been identified. However, if no developer or end-user has been identified at the time of remediation, then any privately funded construction on the remediated land will not be subject to PW. Further, under the new guidelines, when public funds are used to support machinery and/or equipment being installed in a newly constructed or remolded private structure, PW presumptively applies. If the state provides cash for the installation of the machinery into a newly constructed plant, PW would be triggered for the entire project. The next principle to be applied states that the primary purpose of publicly supported construction will be presumptively established by the facts and circumstances at the time the funds are committed. The department recognizes that the application of the PW is inherently fact-specific and will issue an early determination to any public authority whether or not PW applies to the particular project. The project developer may rely on the department’s determination as long as there are no fundamental substantive changes. An Attempt to Kill Prevailing Wage House Bill 243 has been drafted to amend the Ohio Revised Code in order to repeal the PW law. The bill is sponsored by Rep. Brinkman and cosponsored by Reps. John Adams, Lynn R. Wachtmann and Bruce R. Goodwin. If passed as introduced, the bill appears to repeal the PW law entirely. In effect, the bill seeks to amend the Revised Code in a manner that would allow business to carry on as if PW is nonexistent. The PW repeal bill was introduced in the House May 30, 2007, and has not yet been voted on or introduced in the Senate. Currently there is no bill analysis or other available information to determine the support of the bill in the House or the Senate. The status of the bill can be checked at http://www.legislature.state.oh.us ]]> http://www.ms-lawfirm.com/news/2009/02/prevailing_wage_here_today_gon.shtml http://www.ms-lawfirm.com/news/2009/02/prevailing_wage_here_today_gon.shtml Attorney Postings Keith W. Schneider, Partner Mon, 02 Feb 2009 12:08:33 -0500 Super Lawyers magazine as 2009 Ohio Rising Stars. Super Lawyers is a comprehensive and diverse listing of exceptional attorneys representing a wide spectrum of practice areas, firm sizes and geographic locations. The list is based on surveys of thousands of lawyers and peer reviews. Only the top five percent of lawyers from nearly sixty practice areas are named Super Lawyers.]]> http://www.ms-lawfirm.com/news/2008/12/two_partners_named_2009_ohio_s.shtml http://www.ms-lawfirm.com/news/2008/12/two_partners_named_2009_ohio_s.shtml Recognition Mon, 29 Dec 2008 11:01:06 -0500