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Governor DeWine Signs Bill Tolling Statutes of Limitations During COVID-19 Emergency Period

Client Alert

During his March 27, 2020 press conference on Ohio’s ongoing efforts to respond to COVID-19, Governor Mike DeWine officially signed House Bill 197 into law. HB 197, which passed the Ohio House and Senate with unanimous bipartisan support, contains important provisions affecting the legal rights of litigants whose claims may be subject to the statutes of limitations enacted under the Ohio Revised Code.

As applied to civil cases, HB 197 provides that any statute of limitations set to expire between March 9, 2020 and July 30, 2020 “shall be tolled.” This includes, but is not limited to, the specific statutes of limitations for contract and tort claims codified in Revised Code Chapter 2305.

The tolling of Ohio’s statutes of limitations is made retroactive to March 9, 2020 (the date of Governor DeWine’s proclamation of a State of Emergency in Executive Order 2020-01D) and will expire on July 30, 2020 or “on the date the period of emergency ends,” whichever is sooner. As it pertains to civil cases, HB 197 also tolls: “the time within which discovery or any aspect of discovery must be completed,” “the time within which a party must be served,” and “any other criminal, civil, or administrative time limitation or deadline under the Revised Code.” HB 197 also tolls limitations periods and other deadlines applicable to criminal, administrative, and domestic relations cases.

Parties should be aware that tolling is not an enlargement, but an interruption of the statute of limitations that prevents the applicable statute(s) from running (or expiring) during the tolling period. Accordingly, statutes of limitations that expired prior to March 9, 2020 or are set to expire on or after July 30, 2020 remain unaffected and are not extended or altered by HB 197. Parties should consult with experienced legal counsel to determine the impact of HB 197 on claims for which the statute of limitations would otherwise expire during the tolling period as defined by HB 197. In particular, the duration of the emergency period as defined in the Governor’s March 9, 2020 Executive Order will impact the legal rights of parties whose claims are subject to HB 197’s tolling provisions.  

While HB 197 impacts the statutes of limitations and other deadlines set forth in the Ohio Revised Code, it makes no mention of continuing hearings, trials, or individual case management orders. Parties should consult any scheduling orders issued in their own cases, as well as any administrative or general orders issued by the court in which they are appearing, to determine how COVID-19 is impacting deadlines and appearance dates in their case. A link to all administrative and general orders issued by Ohio state courts in response to the pandemic is available through the Ohio Judicial Conference.

For questions, contact BMD Litigation Partner Daniel J. Rudary at 330.374.7477.


Valley National Bank/Trulieve Loan: A Big Step Out of the Shadows

In a late December press release, Trulieve announced that it had secured a $71.5 million commercial bank loan. In addition to the amount of the loan, which may be the largest commercial bank loan to date to a cannabis company, the release prominently identified Valley Bank and featured both a quote from Valley’s Senior Vice President, John Myers, and a description of the Bank’s service platform and commitment to the cannabis industry.

The End of Non-Competes? The Impact It Will Have on the Healthcare Industry

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed rule that, if enacted, will ban employers from entering into non-compete clauses with workers (the “Rule”), and the Rule would void existing non-compete agreements. In their Notice, the FTC stated that if the Rule were to go into effect, they estimate the overall earnings of employees in the United States could increase by $250 billion to $296 billion per year. The Rule would also require employers to rescind non-competes that they had already entered into with their workers. For purposes of the Rule, the FTC has defined “worker” to also include any employees, interns, volunteers, and contractors.”

2022 Healthcare Recap and 2023 Healthcare Check-Up

As the country begins to return to a new “normal” following the COVID-19 pandemic, there are many healthcare rules changing on both the federal and state levels as a result. Thus, it is important for healthcare providers and their employers to be aware of these changing rules, and any implications they may have on their practice. Look back on healthcare in 2022 and find a checklist for 2023.

Direct Support Professional Retention Payments

On December 15, the Ohio Senate and House passed House Bill 45, which authorizes the Department of Developmental Disabilities (DODD), in conjunction with the county boards of developmental disabilities, to launch their initiative to issue retention payments to Direct Support Professionals (DSPs). These retention payments will be distributed quarterly to participating home and community-based waiver providers to address the workforce crisis in the direct provider sector. Governor DeWine needs to sign the Bill to begin the payments, but he is expected to do so by the end of 2022.

Real Estate Investors Position for 2023 Opportunities

Real estate investors weathered another year in a post-pandemic world, with the year closing with yet another interest rate increase coupled with both uncertainty and heightened interest carrying into 2023. Just last Wednesday, the Federal Reserve raised its benchmark interest rate 0.50 percentage points, shifting the target range to 4.25% to 4.50%. The new level is the highest the fed funds rate has been since December 2007 and marks the seventh rate hike this year. So what does this mean to investors, brokers, lenders, and others in the real estate world? Read a few perspectives below from stakeholders familiar with our BMD clients and the markets in which they do business.