Gemelas, Wilson, Merrill & Fritz Co LPAGemelas, Wilson, Merrill & Fritz Co LPA2023-05-29T06:28:15Zhttps://www.smithillner.com/feed/atom/WordPressOn Behalf of Gemelas, Wilson, Merrill & Fritz Co LPAhttps://www.smithillner.com/?p=472132020-02-21T20:20:36Z2020-02-21T20:20:35Zordinary care” in providing a safe premises. The verdict came almost three years after the woman tripped and fell over a knocked-over “Wet floor” sign while visiting the casino.
If you suffer an otherwise preventable injury while you are on another party’s premises, you may sue for damages to recover for the costs of your medical treatment and recovery care. You may also be able to obtain compensation for lost income if your injury requires you to take time off from work.
A casino employee breached the duty of care
Just before the trip-and-fall incident occurred, a casino employee walked past the collapsed “Wet floor” sign. The employee, however, neglected to pick up or straighten out the flattened sign. The argument presented by the injured woman’s claim was that the casino displayed “callous disregard” for its patrons by not enacting safety policies requiring employees to spot and correct trip hazards.
The cost of pain and suffering may become part of the award
Although it is impossible to place a monetary value on an individual’s pain and suffering, it often plays a significant role in a jury’s determination of what is fair and just compensation. As a result of the incident at the casino, the injured woman required knee surgery and the insertion of metal hardware. In addition to decreased mobility, she can no longer enjoy her previous good health and suffers from arthritis at the point of her knee fracture.]]>On Behalf of Gemelas, Wilson, Merrill & Fritz Co LPAhttps://www.smithillner.com/?p=472082020-02-12T01:18:23Z2020-02-12T01:18:21Za variety of reasons, your company needs a strong operational framework.
Any good partnership agreement takes care of some housekeeping items. For example, your agreement should include the name of your enterprise, the nature of the business and the type of partnership. Once you take care of those matters, you likely want to address a few other topics. Here are four important ones:
Management
Managing a partnership requires skill and patience. The task also has the potential to cause conflict. Accordingly, your partnership agreement should clearly define management roles. It should also outline each partner's authority, in addition to defining each’s decision-making power.
Contributions
Business enterprises typically need both an initial and ongoing infusion of capital, effort, time and other resources. Your partnership agreement should clearly define the contributions each partner must make. Remember, though, each partner may not contribute equally or add resources at the same time.
Allocations
Partners typically share in both the profits and losses of the business venture. For whatever reason, however, each partner may not have an equal share. Using your partnership agreement to define when and how allocations occur is an effective way to set realistic expectations.
Dispute resolution
Even in healthy partnerships, disputes occasionally arise. As such, you likely want to include instructions for resolving disputes. Furthermore, to add clarity and minimize conflict, your partnership agreement should provide a framework for adding and removing partners.
Forming a partnership is often advantageous for entrepreneurs and others. Still, your business’s model is only as good as its foundational documents. By covering important subjects in your partnership agreement, you put your business on the path to success.]]>On Behalf of Gemelas, Wilson, Merrill & Fritz Co LPAhttps://www.smithillner.com/?p=472032020-02-04T20:13:54Z2020-02-04T20:13:52Zcar crash with another vehicle that occurred on Sunday afternoon in Putnam County, Ohio. Though neither her name nor her age has become public knowledge, it is known that she suffered extensive injuries requiring hospitalization as a result of the crash.
The accident occurred at the intersection of Road 21 and Route 189 in the community of Fort Jennings. The woman was driving her vehicle eastbound on Route 189 when another automobile allegedly ran a stop sign while headed south on Road 21. As a result of the alleged failure to stop, the southbound vehicle reportedly crashed into the woman's eastbound automobile.
Upon arriving at the scene, county authorities, with assistance from state law enforcement, found the woman trapped inside her car, which had fallen into a ditch. Extrication was necessary to release her from the vehicle. The southbound vehicle came to rest by the side of the road. It is unclear at this time whether the man driving the southbound vehicle sustained any injury in the crash, but first responders had to transport the woman to a nearby hospital following extrication to receive medical care.
It does not appear that either vehicle contained any additional occupants. Authorities have made no mention of filing any criminal charges. It is unknown whether any other factors contributed to the crash, such as weather, excess speed, alcohol or drugs. Nevertheless, those seriously injured in auto accidents often have the right to pursue legal action against the responsible party and may wish to consult with an attorney.]]>On Behalf of Gemelas, Wilson, Merrill & Fritz Co LPAhttps://www.smithillner.com/?p=471982020-01-31T07:38:07Z2020-01-31T07:38:06Zreceives alimony does not report it as taxable income, and the payor does not deduct it. As a result, the payor typically owes more taxes and consequently pays less alimony, while the recipient does not have to pay taxes on the money, but receives much less.
There may be ways to compensate for this change through property division so that you and your spouse both still benefit.
Retirement account transfers
The lower income spouse may want to agree to accept retirement assets during the property division stage of the divorce. The higher income spouse may agree to continue to contribute tax-free dollars to the account in lieu of making a direct payment to the other spouse. Depending on the plan, there may be early withdrawal penalties and other factors, so it is important to explore all the nuances of this option before agreeing to it.
Charitable remainder trust
The higher earning spouse could set up a CRT and name the other spouse as beneficiary to receive monthly payments throughout his or her lifetime, or through a specified time. When the beneficiary dies or the trust ends, the assets then transfer to the charity designated by the trustor.
Property division settlement
During the property division phase, you and your spouse could assess how much alimony may be fair based on factors the judge would typically consider, and then divide assets in a way that offsets that amount. This may still have tax consequences, so you should make sure these do not upset the balance of the trade-off.
For more information about property division, alimony and other divorce matters, please visit our webpage.]]>On Behalf of Gemelas, Wilson, Merrill & Fritz Co LPAhttps://www.smithillner.com/?p=471602020-01-21T19:38:58Z2020-01-21T19:38:57Zdrug offense criminals. Through the Bureau of Criminal Investigation, the office works with other law enforcement departments to investigate and apprehend drug crime suspects.
To effectively convict drug crime suspects, they use sophisticated technology to collect evidence. For instance, in the past, vehicle tracking devices, phone trackers, photos or videos, ground sensors, and photo imagery have all been in use. With such technological evidence, the chances of conviction are very high.
Besides, BCI has put in place a department specialized in marijuana growing operations. This unit works to eradicate the indoor and outdoor growing of marijuana. The department also uses the latest technology to dismantle methamphetamine labs. They have vehicles equipped with breath sensors, decontamination equipment, safety tools, and sampling gear.
The BCI typically supports the Office of the Attorney general to fight drug crimes in Ohio. For those apprehended for such crimes, harsh charges may be inevitable, depending on the circumstances.]]>On Behalf of Gemelas, Wilson, Merrill & Fritz Co LPAhttps://www.smithillner.com/?p=471472020-01-03T22:02:56Z2020-01-03T22:02:53ZExpedited Pardon Project, that aims to make it easier for people to apply for a pardon and reduce the wait time to a matter of months.
People convicted of some non-violent offenses, like perhaps a minor drug possession, and who have completed their incarceration sentence may qualify for the project. They must show cause for the pardon, such as the need to get a job or a professional license. Any fines or restitution owed should have been paid or at least attempted to be paid. Pardon applicant should have no additional offenses on their record for the prior 10 years apart from a minor traffic violation, like a rolling stop.
If you would like to learn more about the Expedited Pardon Project or other means by which you can protect your right to a better future after a criminal conviction, please feel free to visit the defendant's rights page of our Ohio criminal defense website.]]>On Behalf of Gemelas, Wilson, Merrill & Fritz Co LPAhttps://www.smithillner.com/?p=471422020-01-03T01:43:10Z2020-01-03T01:43:09Zoccurred on Christmas Eve in Green Township. Authorities were dispatched to an intersection on a local road where they found two vehicles that haad been involved in a collision. The occupants of one of the cars involved were injured, with one (an elderly woman) later succumbing to her injuries at a local hospital. The driver that caused the collision was unhurt. Witnesses say that he ran a stop sign before hitting the other vehicle. Law enforcement officials report that they believe he may have been intoxicated at the time of the collision, yet no arrest has yet been made as the crash remains under investigation.
Many might think that in a case where a drunk driver causes an accident, victims are barred from seeking civil action against them until whatever criminal matters they may be facing play out. Yet that is not the case. If an accident victim needs to seek compensation from one who is facing criminal charges, they are free to do so concurrently with criminal proceedings. Those needing to seek such action may first want to secure the services of an experienced attorney.]]>On Behalf of Gemelas, Wilson, Merrill & Fritz Co LPAhttps://www.smithillner.com/?p=471262019-12-16T19:53:19Z2019-12-16T19:53:17Zthree times more likely than previous generations to change jobs each year.
With changeover in staff a new business reality, noncompete agreements give businesses a fighting chance of keeping competitors from having access to hard-won knowledge - and the profits that come with that advantage.
Uses of a noncompete agreement
As with many other legal concerns any business must face, it is not just large businesses that can benefit from a noncompete agreement. Any business that has a distinguishing training process, invests significant resources in training employees on specialized equipment, or primarily deals in intellectual or digital content may want to consider including such an agreement in the hiring process.
Limitations
In the state of Ohio, noncompete agreements must show a "reasonable" scope of geography and time. Typically, Ohio courts do not support agreements lasting longer than two years, though there are always exceptions for specific industries or niche markets. As this measure is subjective, many businesses turn to legal counsel to ensure that the agreement remains enforceable.
The noncompete agreement must also pertain to a legitimate business interest. Most businesses use profit margins before and after a new process implementation or calculate the value of a training program to show why the noncompete agreement would significantly affect their viability.
Finally, the implementation of a noncompete agreement matters. Federal guidelines allow noncompete agreements at or before the date of hire as a condition for the new employee to get a job for your company. But a company cannot simply decide to ask all current employees to sign a noncompete agreement. Signing an agreement must come with some benefit for the employee, such as a promotion or something else of considerate value.]]>On Behalf of Gemelas, Wilson, Merrill & Fritz Co LPAhttps://www.smithillner.com/?p=471232019-12-12T01:41:32Z2019-12-12T01:41:30ZBusiness owners in Ohio have a lot on their plate when starting out. You must come up with a company name, pick a structure, and decide what you want your business's future to look like. You also have to deal with the legalities. Among this havoc, you may think you do not have time to consider crafting a business succession plan. But you should.The best time to create your business succession plan is at the very start of your business. Some people believe you can wait until you are closer to retirement. Unfortunately, life is unpredictable. It is impossible to foresee how long you will run your business. You may end up suffering from an illness or accident that takes away your ability to run the company. You may find your interests diversifying and want to expand into a different area of business. Instead of taking risks and banking on the idea of retiring at a certain age, prepare in advance.It is also important to start your succession plan early because you will want it to be as detailed and foolproof as possible. Ensure that your successor has a strong guideline to work with. Let them know exactly what future you want for your company. Tell them where the wiggle room is and what you do not want changed. Finally, have backup plans in case your chosen successor can no longer take over for whatever reason.Are you curious to read more about business law in Ohio? Consider visiting our web page, linked here. Learn more about laws specific to starting and running businesses. You can also take a look at different ways to maintain your business as time goes on.]]>On Behalf of Gemelas, Wilson, Merrill & Fritz Co LPAhttps://www.smithillner.com/?p=471182019-12-04T00:32:49Z2019-12-04T00:32:47Zpostnuptial agreements are less common. These are legal agreements developed after a couple has already been married that dictate what would happen if that couple should eventually divorce. While postnuptial agreements are harder to enforce in court, they can still be beneficial to couples who are concerned about their future.
Why are postnups commonly created?
Financial status can change after a marriage has already taken place. As a result, one spouse may suddenly become much wealthier than the other, which can bring up concerns about the financial implications of divorce. In this case, a postnup will establish rules for how this money should be handled in case of divorce. For instance, couples may choose to split the influx of money equitably if both were responsible for a business venture or other lucrative pursuit. One spouse may also sign away their rights to new income, even though it was earned during the course of the marriage.
Postnuptial agreements can also be created to deal with financial disputes within a marriage. Some couples claim that this process is beneficial to their unions since it provides an opportunity to talk through problems and come up with reasonable solutions. It also allows both couples to make their voices heard during negotiations. This is often a better situation than trying to divvy up finances after a divorce is in motion.
How is validity determined by the court?
While in the past postnups weren't considered valid, more and more courts are honoring these agreements. Valid postnuptials must contain certain elements to be considered enforceable, and these elements are similar to those associated with prenuptial agreements. These elements include:
Full disclosure of all assets by both spouses
No evidence of duress or undue force when signing of the agreement
An agreement that is considered fair to both parties
For example, if one spouse signs away all rights to property, the judge presiding over the divorce is likely to find fault with the document. If you need help creating a valid postnuptial agreement, an attorney's assistance is recommended.]]>