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The “Open and Obvious Doctrine” Applies to Administrative Code Violations

In the case of Dintino v. Hanger Prosthetics & Orthotics E., Inc., 2023-Ohio-797, an appellate court held that the open and obvious doctrine precludes the instant statutory violation/negligence per se claims even when a patient tripped over an orthotic and prosthetic care clinic threshold, which violated commercial building administrative codes, as any defect was open […]

McGown & Markling Celebrates Sunshine Week: March 12-18, 2023

McGown & Markling represents political subdivisions and public officials throughout the State of Ohio and, frankly, we have been blessed to have clients who are dedicated to fully complying with the Ohio Sunshine Laws: The Ohio Public Records Act and The Ohio Open Meetings Act. Open and transparent government is the cornerstone of our democracy […]

Meet Cory!

Meet Cory E. McClain, a law clerk at McGown & Markling. Cory is a double graduate from the University of Dayton with his bachelor’s degree in early childhood education and a master’s degree in reading education. Cory is currently a law student at the University of Akron School of Law. Cory is from Cincinnati originally […]

“Stray Remarks” and Lack of “Opposition” or “Participation” in a Protected Activity Do Not Support Ohio Civil Rights Act Violations

In the case of Grim v. Cleveland Clinic Found., 2023-Ohio-713, an appellate court dismissed workplace racial discrimination and retaliation claims asserted by a police officer employee against a hospital employer as the employee failed to present any factual evidence in support of such claims and, instead, rested solely upon mere conclusory allegations that the employer […]

When Can a Private Party Donate to a Public Agency?

On March 9, 2023, the Ohio Ethics Commission has issued an advisory opinion which concludes that public agencies may accept gifts or payments from vendors, provided that no agency officials or employees receive any personal benefit from the donation. This opinion outlines when Ohio ethics law prohibits a donation to a public agency and clarifies […]