Chris Markus – Dressman Benzinger LaVelle psc

Ohio Supreme Court Ruling Is a Victory For Owners of Investment Property

Today the Ohio Supreme Court ruled that a utility company could not shut off gas service to a 240-unit apartment complex to force the owner of the complex to retrofit the ventilation systems at the units - at a minimum cost of…more
| Civil Procedure, Real Estate - Residential

Doctrine of Judicial Estoppel May Bar Debtor's Continued Pursuit of Legal Claims Not Disclosed in Bankruptcy

The Bankruptcy Code mandates certain disclosure obligations upon bankruptcy debtors as part of the price they pay for receiving the benefit of a bankruptcy discharge. Included in these disclosure obligations which must be listed…more
| Bankruptcy

Understanding The Rights of a Secured Lender in Certificated Stock Collateral

Blue-chip stocks can be attractive collateral for a loan because these securities are liquid and the company whose stocks are pledged has generally enjoyed consistent growth and earnings. A lender whose security is certificated…more
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Six Questions You Should Always Ask Your Attorney When Settling a Commercial Dispute

It happens often. A company spends years and a small fortune on attorney fees battling an adversary in a commercial dispute and finally - at last - a compromise is reached. The war is over! But wait. The issue of documenting…more
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Disputing an Error on a Credit Report Under the Fair Credit Reporting Act

Congress enacted the Fair Credit and Reporting Act (FCRA) in 1970 to require consumer reporting agencies to accurately report consumer credit information. The FCRA gives consumers rights to dispute errors in credit reports. …more
| Finance & Banking

A Two Minute Primer on Joint Checks and Missing Endorsements

When a check is issued to joint payees, the Uniform Commercial Code ( as adopted in Ohio and Kentucky) requires that all payees endorse the check before the check may be properly cashed or accepted for deposit by a bank. …more
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Businesses Must Be Sure That No Part of a Credit Card Expiration Date Appears On a Customer Receipt

Earlier this week, a federal appellate court issued an opinion concluding that a merchant violated a federal statute after it sold a customer $25 in neckwear that the customer purchased with a credit card because the merchant…more
| Civil Procedure

The Right To Arbitrate - Use It or Lose It

On December 1, 2011, an Ohio Court of Appeals concluded that a party lost its right to arbitrate when that party first attempted to assert that right a year after litigation began. The Court's decision emphasizes that a party…more
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Recovering Attorney Fees Incurred in Civil Litigation From The Adverse Party: When and How Much?

Kentucky and Ohio courts follow the "American Rule" under which a prevailing litigant may not recover its attorney fees from the losing party. However both states recognize two major exceptions: 1.) a party may recoup its…more
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Ohio Tax Commissioner Announces 2012 Interest Rate on Judgments

Unless a written contract provides otherwise, the interest rate applicable to a money judgment issues by an Ohio court accrues at a rate determined annually by the Ohio Tax Commissioner. On October 4, 2011, the Commissioner…more
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Areas of Practice
  • Business Organizations
  • Commercial Law & Contracts
  • Debtor/Creditor
  • Litigation
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