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Ohio Court Operations and Access During the Coronavirus Crisis

Client Alert

On March 19, 2020, Ohio Chief Justice Maureen O’Connor gave an update on the State Judicial Branch’s response to the coronavirus crisis at a press conference held by Governor Mike DeWine. As of the date of this update, individual courts within the State of Ohio have the authority to issue their own emergency procedures regarding court access, trials, hearings and filings during the coronavirus pandemic. Most municipal, county and appellate courts throughout Ohio have already issued orders changing the procedures to be followed until further notice.  The Ohio Judicial Conference has an extensive list of links to these temporary local court rule changes at: http://www.ohiojudges.org/Resources/covid-19-emergency-planning

Although Chief Justice O’Connor is allowing local courts to determine how to operate in their communities’ best interests for the time-being, she has provided significant guidance on issues the courts should be considering, including:

  • The total closure of the court system in Ohio is not an option since it would prevent access to justice.
  • Courts must especially remain open to address criminal, emergency and time-sensitive matters.
  • Jury pools and the level of public traffic in courthouses should be reduced.
  • Judges should consider lowering bonds and issuing summonses instead of ordering arrests, depending upon the severity of the crimes at issue.
  • Hearings should be held by video or telephone conference when possible.
  • Clerks of Courts should remain open to allow for public filings.

It is important to emphasize that Ohio courts are still in operation during this time, and in most instances, there will still be ways to address whatever legal issues you are facing through the Judicial System.  If you have a pending court case, it is highly recommended that you discuss the court’s current procedures with your attorney and also discuss how these changes could impact your case practically and strategically.  Some questions which might arise, include:

Is my civil trial likely to go forward as scheduled?  Many local courts have postponed civil trials for 30 days or more, but you should consult with your attorney.

Should I appear in person for my hearing? Many hearings, such as pretrials and non-emergency hearings, are being conducted by the courts by telephone or videoconference.  However, hearings that involve evidence will still likely require a court appearance by you and/or your attorney.  You will want to ask your attorney how the court is handling your particular hearing.

Has my foreclosure or eviction been put on hold? Chief Justice O’Connor has recommended that foreclosure sales and evictions for non-payment of rent be put on hold temporarily, but this is still at the discretion of the local courts.  An eviction for an issue other than non-payment of rent will likely not be put on hold by your local court.  The Department of Housing and Urban Development has placed a hold on foreclosures of mortgages backed by the federal government until the end of April 2020 and some banks are also placing a temporary stay on their foreclosure filings.  Contact your attorney or bank with questions.

Do the deadlines that were previously set in my case still apply?  Yes.  All deadlines for answers, motions, discovery cutoffs and other time-limits still apply unless you or your attorney ask the Court for an extension of the deadline, and it is granted.

Can I file a new case, vehicle title or other filing at the Clerk of Courts?  Clerks of Courts remain open for business throughout the State of Ohio.  You will want to call ahead to see if your filing can be received in person, by mail, or electronically.

I’ve been ordered to appear for jury duty, what should I do?  Call the juror call-in number provided on your juror summons to find out if you need to appear at the Court in person.

All of these guidelines are for municipal, county and appellate courts in Ohio only. If you have a case pending in Federal Court or in a different State, you will want to carefully check that court’s particular coronavirus response. As always, the Litigation Team at Brennan, Manna & Diamond is ready to assist and advise you with your legal needs during this difficult time.  Please do not hesitate to contact us with any questions that you might have.


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.