DeWitt Law, LLC

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4200 Regent Street, Suite 200
Columbus, OH 43219, United States
Contact: Mike DeWitt, Managing Attorney
Phone: 614-398-2886
Fax: 614-398-2886
Areas of Practice
  • Commercial Law & Contracts
  • Insurance
  • Labor & Employment Law
Locations
Other U.S. Locations
  • Ohio
Number of Attorneys
Sole Practitioner

Third Circuit Says No Section 1983 Claim Under ADA Or Title VII

In Williams v. Pennsylvania Human Relations Commission, No. 16-4383. 2017 U.S. App. LEXIS 16618 (3rd Cir. Aug. 30, 2017), the Third Circuit joined all the other circuits that have visited the issue and ruled that alleged…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

Use Of Medicinal Marijuana Not A Facially Unreasonable Accommodation Under Massachusetts Employment Discrimination Law

In a case that may be a precursor of things to come across the country as more and more states “legalize” the medicinal use of marijuana, in a July 17, 2017 decision in Barbuto v. Advantage Sales and Marketing, LLC, SJC 12226,…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

Temporary Worker Not Entitled To Leave As A Reasonable Accommodation

The Tenth Circuit recently addressed whether an employer had failed to make a reasonable accommodation under the Americans with Disabilities Act, 42 U.S.C. § 2000e et seq., (“ADA”) regarding a temporary worker’s request for time…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

Posting Job Opportunity On LinkedIn Profile For New Employer Did Not Violate Non-Compete

A fact of life in modern business is an employee’s use of social media, or, in some cases, a former employee’s use of social media, and how it fits in with any post-employment restrictions to which they may be subject. In…more
 /  Civil Remedies, Commercial Law & Contracts, Labor & Employment Law

No Evidence Of Age Bias When Job Was Eliminated As Part Of Reduction In Force

The Fifth Circuit, in Lay v. Singing River Health System, No. 16-60431, 2017 U.S. App. LEXIS 10758 (5th Cir. June 19, 2017), recently upheld the district court’s grant of summary judgment in favor of the defendant employer in an…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

Fourth Circuit Holds No Title VII Retaliation Claim When Employer Fires An Employee On Mistaken Belief The Employee Lied About Potential Title VII Claim

Employers investigating Title VII discrimination claims should take some comfort, based on a recent Fourth Circuit case, that if they terminate an employee for making a false claim after a good-faith investigation, they will…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

Employee Benefit Plans For Principal-Purpose Organizations Need Not Be Established By A Church To Be Exempt From ERISA

In a ruling that could have cost nonprofit religious-affiliated employers millions of dollars in compliance and other costs had it gone the other way, on June 5, 2017, the U.S. Supreme Court held, in a unanimous opinion authored…more
 /  Constitutional Law, Finance & Banking, Health, Labor & Employment Law

Fifth Circuit Holds That SPD Was An Enforceable Plan Document Through Which The Administrator Could Properly Seek Reimbursement

In another victory for plan administrators seeking reimbursement under the terms of ERISA plans, in Rhea v. Alan Ritchey, Inc. Welfare Benefit Plan, No. 16-41032, 2017 U.S. App. LEXIS 9482 (5th Cir. May 30, 2017), the Fifth…more
 /  Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Personal Injury, Insurance

Fifth Circuit’s Pierre Deference In ERISA Cases Trumps Texas’s Anti-Discretionary Language Statute

In Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174, 2017 U.S. App. LEXIS 7072(5th Cir. Apr. 21, 2017), which involved a claim for benefits under an ERISA-governed health policy, the Fifth Circuit held that Texas’s…more
 /  Civil Procedure, Commercial Law & Contracts, Health, Insurance, Labor & Employment Law

FIFTH CIRCUIT HOLDS THAT SPD WAS AN ENFORCEABLE PLAN DOCUMENT THROUGH WHICH THE ADMINISTRATOR COULD PROPERLY SEEK REIMBURSEMENT

In another victory for plan administrators seeking reimbursement under the terms of ERISA plans, in Rhea v. Alan Ritchey, Inc. Welfare Benefit Plan, No. 16-41032, 2017 U.S. App. LEXIS 9482 (5th Cir. May 30, 2017), the Fifth…more
 /  Insurance, Labor & Employment Law

EMPLOYMENT PLAINTIFF IS EQUITABLY ESTOPPED FROM PREVENTING A NON-SIGNATORY FROM ENFORCING AN EMPLOYMENT ARBITRATION AGREEMENT

Businesses often use workers who are actually employees of staffing companies or other, similar entities, and many times those workers have agreed with the employer to address any employment claims in arbitration. This can cause…more
 /  Labor & Employment Law

SIXTH CIRCUIT ENFORCES NON-COMPETE’S AGREED UPON CHOICE OF LAW FAVORING MICHIGAN’S LESS RESTRICTIVE ENFORCEMENT OF SUCH AGREEMENTS

As attacks on the use of non-competition provisions roll on nationwide, choice-of-law provisions in those agreements will likely come under even closer scrutiny. A recent Sixth Circuit decision however, determined that such a…more
 / 

DOCTOR’S GENDER DISCRIMINATION SUIT FAILS BECAUSE SHE COULD NOT PROVE SHE WAS “SIMILARLY SITUATED” TO MALES WHO WERE NOT FIRED

The Sixth Circuit Court of Appeals recently ruled that a Vanderbilt University medical professor had not proven that she was treated less fairly because of her gender and upheld the district court’s summary judgment in…more
 /  Labor & Employment Law

STATE COURTS MUST PLACE ARBITRATION AGREEMENTS ON EQUAL FOOTING WITH ALL CONTRACTS, JUST LIKE FEDERAL COURTS

In Kindred Nursing Ctrs. P’ship v. Clark, 581 U.S. --, 2017 U.S. LEXIS 2948 (May 15, 2017), the Supreme Court reiterated its long-standing position that any laws that single out arbitration agreements for disfavored treatment…more
 /  Personal Injury

NEW YORK FEDERAL COURT ALLOWS SEXUAL ORIENTATION DISCRIMINATION CASE TO PROCEED

In Philpott v. State of New York, No. 16 CIV 6778 (AKH) (S.D.N.Y. May 3, 2017) (order granting in part and denying in part defendant’s motion to dismiss), an ongoing case in the Southern District of New York that bears following…more
 /  Labor & Employment Law
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