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McGown & Markling is proud to announce that Managing Director Matthew John Markling has once again been selected one of The Best Lawyers in America® in the practice area of Education Law for the year 2020. This is especially gratifying as recipients are selected by one’s legal peers. Heartfelt congratulations from all of us at McGown […]
In the case Thomas v. Hyundai of Bedford, 2020-Ohio-3030, 2020 Ohio App. LEXIS 1965, an Ohio appellate court held that where a former employee signed an arbitration agreement with his then-employer, his assertion that he could not be compelled to arbitrate his race discrimination and retaliation claims against the employer was without merit because the […]
In the case Youngstown City School Dist. Bd. of Ed. v. State, Slip Opinion No. 108541, 2020-Ohio-2903, the Ohio Supreme Court held that legislation that allows an academic distress council to effectively remove all power from a city school district is constitutional under the Ohio Constitution. In this case, a school district challenged legislation on […]
In the case Evers v. R. Humr Constr. Co., Inc., 11th Dist. Geauga No. 2018-G-0184, 2020-Ohio-2891, an Ohio appellate court held that the right to control performance is not dispositive as to whether someone is considered a contractor or employee. In this case, a township needed to replace a culvert and hired a sole proprietor […]
On May 6, 2020, the U.S. Department of Education, Office for Civil Rights (“OCR”) released its Final Rule, which amends existing Title IX. The Final Rule, which encompasses both the amended regulations and accompanying commentary, exceed 2,000 pages, and are scheduled to take effect on August 14, 2020. The regulations bring sweeping changes to how […]
In the case Lucas v. Ohio State Bd. of Educ., 10th Dist. Franklin No. 19AP-463, 2020-Ohio-2738, an Ohio appellate court held that the Ohio State Board of Education must set forth specific grounds when rejecting a hearing officer’s recommendation. In this case, a group of residents requested a transfer to the jurisdiction of a new […]
In the case Gregory v. Cuyahoga Cty., 8th Dist. Cuyahoga No. 108192, 2020-Ohio-2714, an Ohio appellate court found that the trial court cannot overturn an administrative decision upholding an employee’s termination because it disagrees with an employer’s policy. In this case, an employee was terminated from a county’s employment for a major violation of the […]