Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

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

Client Alert
March 27, 2020

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.

DeWineCOVID-19 Emergency PeriodTollingStatutes of LimitationsDaniel J. Rudary
Client Alert

New Interpretation of the Fair Debt Collection Practices Act Rocks the Industry

May 7, 2021It’s not lost on us that our interpretation of § 1692c(b) runs the risk of upsetting the status quo in the debt-collection industry. This quote from the Eleventh Circuit Court of Appeal in its April 21, 2021 opinion from the case of Hunstein v. Preferred Collection and Management Services, Inc. is possibly the biggest understatement in the history of the Fair Debt Collection Practices Act. At a minimum, the Eleventh Circuit’s opinion has sent shockwaves and fear throughout multiple sectors of the financial services industry.Client Alert

Construction Industry Trends and Predictions Through 2021 and Beyond: Insurance and Emerging Threats

May 5, 2021A 2021 survey identified three key issues impacting the construction industry in 2021: (1) the financial health of contractors; (2) the continuing risk of the pandemic; and (3) technology driving productivity, but also increasing the risk of cybersecurity threats. With this backdrop, insurance premiums in the construction industry are generally on the rise in 2021.Client Alert

Senate Bill 39 Allows Up to $100 Million in Business Incentive Credits for Transformational Mixed-Use Development in the State of Ohio

April 28, 2021Ohio Governor Mike DeWine signed Senate Bill 39 on December 29, 2020, which created a new tax credit applicable to insurance premium taxes. This tax credit is designed to provide funding for a transformational mixed- use development or “TMUD” in the state of Ohio.Client Alert

Medicaid Announces Next Generation of Managed Care Organizations

April 13, 2021For the first time since 2005, the Ohio Department of Medicaid (“ODM”) made significant changes to the structure of the Medicaid program by finalizing the Medicaid Managed Care Procurement process. The Procurement process began in 2019 at the behest of Governor Mike DeWine who had a goal to make Medicaid managed care more focused on the health and well-being of individuals.Client Alert

BMD Appellate Win Clarifies Waiver of Contractual Right to Arbitrate

April 12, 2021Brennan, Manna & Diamond, LLC attorneys David M. Scott, Lucas K. Palmer, and Krista D. Warren prevailed before the United States Court of Appeals for the Sixth Circuit regarding if/when a party waives a contractual right to arbitrate. Borror Property Management, LLC v. Oro Karric North, LLC, No. 20-3146 (the “Decision”).
Older posts
Newer posts