Learn about Eminent Domain
Thursday, June 18, 2009
Ohio and Federal law gives government entities and utility companies the authority to use an individual’s land for a public project such as a roadway or utility line. The legal definition for this concept is appropriation but it is better known as eminent domain.
Click here to learn more.
New U.S. Department of Labor H-2A Regulations Suspended
Thursday, June 4, 2009
In December of 2008, the U.S. Department of Labor published new regulations for the H-2A program, which allows the entry of nonimmigrant foreign workers in the U.S. for temporary agricultural work. The new H-2A regulations became effective on January 17, 2009. However, the new regulations were challenged in the U.S. Federal Court for the District of Columbia.
As a result of that court challenge, the U.S. Department of Labor issued a final rule on May 29 suspending the new H-2A regulations that went into effect on January 17 of this year. The May 29 final rule suspension also reinstates the prior H-2A regulation. The rule suspension will become effective this coming June 29 and any employer needing workers should file applications prior to June 29 to be considered under the new H-2A regulations that will be suspended on that date. Employers filing H-2A applications on or after June 29 will have their applications considered under the prior, reinstated H-2A regulations.
Click here to read the FAQ from The U.S. Department of Labor.
Changes to Notices of Appeal filed pursuant to R.C. 119.12
Monday, June 1, 2009
Ohio Revised Code Section (R.C.) 119.12 is the administrative appeals statute and states in part, “Any party desiring to appeal shall file a notice of appeal with the agency setting forth the order appealed from and the grounds of the party’s appeal.” The Ohio Supreme Court recently held in Medcorp, Inc. v. Ohio Dept. of Job & Family Servs., 2009-Ohio-2058, that notices of appeal filed pursuant to R.C. 119.12 are now required to “identify specific legal or factual errors.” The previous practice of using the boilerplate language (a restatement of the standard of appellate review) that the “order is not supported by reliable, probative, and substantial evidence, and is not in accordance with law” is no longer acceptable.
The Court, in a 4-3 decision, focused on the “the grounds of the party’s appeal” language. The Court held that the previous practice of using the boilerplate language did not comply with the “grounds of the party’s appeal.” The Court’s ruling raises the standard of satisfying the language in R.C. 119.12 for filing notices of appeal and such notices now will have to identify the specific legal or factual errors or risk being dismissed.
About Us
Wright Law Co. LPA was founded in 1988 by Paul Wright. The firm was started after Paul retired from Ohio State University where he was the state specialist in Agricultural Law. Wright Law reflects Paul’s long time involvement and commitment to Ohio agriculture. Many of our clients are farmers, landowners, and agribusinesses. We take great pride in staying abreast of current agricultural law issues and serving the needs of our agricultural clients all across Ohio. The agricultural industry has special legal needs and Wright Law is privileged to be in a position to assist with those needs.
Wright Law is not only for farmers. We serve many non-farm clients with the same dedication and commitment that we devote to our agricultural clients. Whether drafting a will, buying a house, or starting up a new business, Wright law can help.
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Attorneys:
- Paul Wright
- Jim Leonard
- Robert Moore
- Kelly Brakefield Moore
- Anthony Seegers
- David Pennington, of counsel
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- Teresa Grubbs
- Christina Warne
Paralegals:
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- Kay Hafer
- David Miller
Tax Practitioners:
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- Chris Hershner
- Joanne Shindelar
Supporting Staff:
