Maumee Ohio Legal Blog

Panera bread pursuing legal action for breach of non-compete

On behalf of Barkan & Robon Ltd. posted in Business Litigation on Friday, March 8, 2019.

Successful contract negotiation takes a lot of foresight. The terms of these agreements can have long-term consequences that can define business relationship for years or even decades. But while thoroughly negotiating and carefully drafting the terms of a contract is important, equally crucial is the enforcement of those terms. After all, a party that doesn't take action in the event of a breached contract is left with no recourse. This means that it will essentially be taken advantage of without punishment for the financial harm it is causing to the other party.

To see just how important the policing of contract terms can be, just look at recent legal action taken by Panera Bread and three of its former employees. According to the legal action, which was just released for being filed in the improper venue, the employees breached non-compete agreements when they were offered jobs by a company headed up by former Panera CEO Ron Shaich.

What happens when you are left out of a will?

On behalf of Barkan & Robon Ltd. on Wednesday, March 6, 2019.

No matter how old you are or how close you are to your loved ones, they will likely make some decisions with which you do not agree. Although, as you get older, some of those choices might seem to make more sense.

To a certain extent, it may be natural to expect others to see the world similarly to the way you do. However, it is not healthy to expect someone you care about to try to live according to how you would want them to. That might include how they establish their will.

Don't forget digital assets when estate planning

On behalf of Barkan & Robon Ltd. posted in Estate Planning and Administration on Thursday, February 21, 2019.

Life requires us to do many things, as it encompasses much. Estate planning can touch on many parts of an individual's life. It can dictate who will make important financial and health care decisions in the event of an individual's incapacitation, and it, of course, can layout how assets will be distributed upon death. Those assets typically include a family home, bank accounts, retirement accounts and family heirlooms. Yet, as our world becomes more and more digitized, Ohio residents should ensure they don't neglect their digital assets when engaging in estate planning.

Cryptocurrency is one of the biggest and most important parts of a digital estate. This form of currency is becoming increasingly popular, but its value can oscillate significantly over time. For this reason alone, cryptocurrency owners need to make sure to not only be clear in their estate plan about their ownership of cryptocurrency, but also about how it should be distributed and when and how it can be used.

Perrysburg may exercise eminent domain for utility relocation

On behalf of Barkan & Robon Ltd. posted in Eminent Domain on Thursday, February 7, 2019.

Land is amongst some people's most prized possessions. For some, it carries tremendous value that is either sentimental or financial in nature. In the best cases, it holds both types of value. Many Ohio residents plan to hold onto their land to pass on to future generations, while others are holding out for the right market to sell and make a significant profit. This seems like how the system should work, but the government can step in, and through the use of eminent domain, they can derail a landowner's rights.

Three Perrysburg residents may be facing this situation very soon. Reports indicate that the city may utilize eminent domain to buy land that it deems is necessary to create right of ways for utility relocation purposes. The city's council approved the offering of purchasing three properties by a five to one vote, with the potential for use of eminent domain. The latest reports state that the landowners have not been in agreement with the city's proposed plan.

Appeals and the appellant's brief

On behalf of Barkan & Robon Ltd. posted in Litigation and Appeals on Thursday, January 24, 2019.

If you've taken a matter to trial and lost, then you no doubt feel defeated. There's nothing that can deflate you faster than being told by a court or a jury that your arguments didn't hold enough weight to sway its opinion. This can be especially true when you felt that your legal position was persuasive enough to justify a ruling in your favor. Fortunately, Ohioans who find themselves in this position have the right to appeal a court's decision. To do so properly, though, certain steps must be taken and specific guidelines followed.

Perhaps the biggest part of an appeal is the brief. The appellant brief is a written legal argument crafted by the party who lost at the trial court level. This written argument must cite to the trial court record, as well as relevant statutory and case law as well as pertinent rules of evidence of trial. The arguments contained in the appellant's brief must be cogent, which means that they must be clear, logical and persuasive in nature. There are also length and formatting requirements that must be adhered to, and the brief must be filed within a specified period of time.

When should a will be modified?

On behalf of Barkan & Robon Ltd. posted in Estate Planning and Administration on Thursday, January 10, 2019.

Planning and preparing for the future is often considered a must. Most Ohio residents have a general concept of estate planning. To many of them, a will is enough to satisfy their needs. However, even the most basic of wills needs to be carefully drafted to ensure that there are no mistakes or ambiguities that could lead to the distribution of an estate that is counter to one's wishes. Yet, while care must be taken during the initial drafting process, it must also be applied when updating an estate plan. This includes modifying or changing a will.

There are many life changes that may justify changing a will. For example, if an individual remarries, then he or she may want to consider changing his or her will to reflect how he or she wants his or her assets to be distributed upon death. This is because most assets, if not all, pass to a spouse upon death. Therefore, if an individual wants to reserve an estate for children from another marriage, then he or she will need to reflect that in a modified will. Other changes that may warrant changes to a will are the birth of a child, the acquirement of step children, divorce, the obtainment of new assets and simply a changed mind regarding beneficiaries.

Business litigation and product liability

On behalf of Barkan & Robon Ltd. posted in Business Litigation on Thursday, December 27, 2018.

Business endeavors provide their customer base with reliable goods and services. However, despite their best efforts, sometimes consumers claim that they were harmed by a business's product. When this happens, a product liability lawsuit may be levied with a consumer hoping to recover compensation for their alleged damages. In these circumstances, a business needs to be prepared with a strong civil defense if it hopes to prevail.

This is because strict liability applies to product liability lawsuits. This means that in order to succeed, an injured consumer only needs to show that a product was defective in order to prevail. Negligence does not have to be shown. So, a business must be prepared to defend itself against allegations that its product was defective either in its design, manufacture or marketing.

Ohio country club challenging eminent domain

On behalf of Barkan & Robon Ltd. posted in Eminent Domain on Sunday, December 16, 2018.

As we've discussed previously on this blog, eminent domain involves governmental taking of property for the public good in exchange for just compensation. Oftentimes in these matters there is dispute as to whether or not the taking is for the public good and whether or not just compensation is being provided. When disputes over these issues arise it is critical that the matter be taken to court, as eminent domain allows for the taking of property with or without consent.One of these disputes is occurring right here in Ohio and is headed to court. The lawsuit centers around property currently being leased by a private country club. The land that the golf course is on was originally leased from the Ohio Historical Society in 1907, then was renewed in 1997 for another 50 years. So, the current lease does not expire until 2078. However, the Historical Society, now known as the Ohio History Connection, now wants to end that lease, utilize eminent domain to take the property, and convert the 135 acre property into a public park. The group says that doing so will allow the property to be nominated as a World Heritage site.Here, the issue is not whether the taking is in furtherance of the public good, but rather whether the Historical Connection is offering to pay just compensation. Executives at the country club say that the payment amount that has been offered is not enough for it to relocate its business and its 100 employees. They therefore fear significant financial losses and the loss of numerous jobs.It will be interesting to see how this case plays out. There is obviously a lot at stake, which is why the parties to this case, and similar ones, need to ensure they have a strong legal advocate on their side.

The complicated feelings around eminent domain

On behalf of Barkan & Robon Ltd. on Friday, December 14, 2018.

If you have recently been presented with an offer from a government entity to purchase your land, you may be struggling with a great number of emotions. It can be a complicated decision to decide to sell, or you may ultimately have no choice.

Cases of eminent domain are often complicated, and your strong feelings can affect your decisions to negotiate for your land. By understanding these emotions, you can help decide what is best for your case.

What is the purpose of depositions?

On behalf of Barkan & Robon Ltd. posted in Litigation and Appeals on Thursday, November 29, 2018.

Aggressive and effective litigation requires thorough preparation. It is in this preparation process that an Ohioans can anticipate objections and build the legal arguments necessary to fully support his or her claim. We previously discussed the importance of the discovery process, but this process has many parts to it, each of which carries significant importance.

One part of discovery is taking depositions. A deposition is formal recorded questioning of a witness. Depositions occur prior to trial. There are two reasons to conduct a deposition. The first is to simply discover what a witness knows. Through a deposition, an individual can discover if it is worth calling that particular witness to testify at trial. So, if all witnesses are deposed prior to trial, each side should know exactly how the witnesses will testify. This can help identify strengths and weaknesses in a case and spur settlement negotiations.