Dinsmore & Shohl LLP

255 East Fifth Street Suite 1900
Cincinnati (HQ), OH 45202, United States

Contact: Jennifer Davenport

  • 513-977-8272
  • 513-877-8141

Temporary Economic Reinstatement Not a Preliminary Remedy in a Miner's Discrimination Case

Administrative Law Judge (“ALJ”) David Simonton recently held that a miner’s demand for “temporary economic reinstatement,” instead of accepting actual reinstatement, is not an available remedy under the Mine Act during the…more
| Administrative Law, Civil Rights, Labor & Employment Law, Energy & Utilities

Ohio Supreme Court says “NO” to Post-Retirement Temporary Total Compensation

On August 27, 2014, the Ohio Supreme court issued its unanimous opinion in State, ex rel. Floyd v. Formica Corp., 2014-Ohio-3614, ruling that where a claimant voluntarily retires from the workforce following an injury, he or she…more
| Labor & Employment Law, Worker’s Compensation

DEA Strengthens Restrictions on Hydrocodone Combination Medications - Six Ways It Impacts Providers and Patients

The United States Drug Enforcement Administration (“DEA”) elevated Hydrocodone combination medications, including Vicodin, from a Schedule III to a Schedule II Controlled Substance. The reclassification was published the Final…more
| Criminal Law, Health

Seven Changes in Kentucky Trust Law You Should Know About - Uniform Trust Code affects new and existing trusts

Beginning July 15, 2014, the Uniform Trust Code (the “UTC”) became effective in the Commonwealth of Kentucky. In becoming the 28th state to adopt the UTC, Kentucky updated its trust laws with a code designed to provide a…more
| Wills, Trusts, & Estate Planning

Health Care Providers: Five Actions to Help You Avoid Qui Tam Lawsuits

2013 proved to be another record-setting year for False Claims Act lawsuits, the largest of these recoveries related to health care fraud. The Department of Justice (“DOJ”) secured $3.8 billion from False Claims Act settlements…more
| Civil Remedies, Labor & Employment Law, Health

West Virginia Product Liability Law Monograph

Morningstar v. Black & Decker Manufacturing Co. - In 1979, the West Virginia Supreme Court of Appeals decided Morningstar v. Black & Decker Manufacturing Co., the leading case in West Virginia product liability law. 253…more
| Civil Procedure, Civil Remedies, Personal Injury, Products Liability

Personnel Deadlines For the 2014-2015 School Year

Reassignment of surplus personnel: When actual student enrollment in a grade level or program, unforeseen before March 1, 2014, permits the assignment of fewer teachers or service personnel to or within a school, the county…more
| Education, Labor & Employment Law

Task Force on Governmentally-Mandated Standby Letters of Credit

Unfortunately, as bankers in West Virginia know, these forms are in several respects at odds with letter of credit law and practice. Thus the forms not only are problematic from the standpoint of issuers, but also, they may fail…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Government Contracting

SEC Extends the MCDC Initiative Self Reporting Deadline

The Securities and Exchange Commission (“SEC”) just announced modified provisions of the Municipal Continuing Disclosure Cooperation Initiative (“MCDC Initiative”) that extends the self-reporting period for issuers and conduit…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

What’s in Your Wallet? Who Cares—What’s in Your Cell Phone Is More Important!

The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a California…more
| Constitutional Law, Criminal Law, Electronic Discovery, Privacy, Science, Computers, & Technology

Ohio Physician Assistants and Advance Practice Nurses Now Permitted to Admit Patients to Hospitals

As the prevalence of physician extenders continues to grow to meet patient demand, so does their scope of practice. Effective May 20, 2014, Ohio law now permits physician assistants, certified nurse practitioners,…more
| Health

EPA Re-gains “Green Light” to Regulate Permitting Procedures - D.C. Circuit overturns lower court decisions on EPA permitting procedures

Two district court orders declaring the federal Environmental Protection Agency acted illegally when it implemented certain permitting procedures for coal mining operations have been vacated by a federal court of appeals…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Fourth Circuit Affirms Liability for Selenium Discharges - Rejects Permit Shield Defense

By a published decision released on July 11, 2014, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision out of the Western District of Virginia finding that A & G Coal Corporation (“A & G”) could…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Toxic Torts

Future of the Affordable Care Act in Jeopardy in Many States

A same-day split decision has created an uncertain future for the Patient Protection and Affordable Care Act (ACA). On Tuesday, two Circuit Courts reached differing conclusions on the availability of premium subsidies for the…more
| Civil Procedure, Labor & Employment Law, Health, Insurance, Taxation

The Clock is Ticking on the SEC’s MCDC Initiative - Limited Self Reporting Window Closes September 9, 2014

The U.S. Securities and Exchange Commission (the “SEC”) has announced its Municipalities Continuing Disclosure Cooperation Initiative (the “MCDC Initiative”) for municipal issuers, conduit borrowers, other obligated persons…more
| Commercial Law & Contracts, Finance & Banking, Securities Law, Nonprofit Law
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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
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  • Bankruptcy
  • Business Organizations
  • Business Torts
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  • Criminal Law
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Locations
Other U.S. Locations
  • D.C.
  • Kentucky
  • Ohio
  • Pennsylvania
  • West Virginia
Number of Attorneys

400+ Attorneys

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