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Cleveland Administrative Law Blog

Taking a look at administrative litigation in Ohio

Administrative litigation in Ohio is much different from civil litigation, which typically involves torts or business litigation. It's important to understand what administrative litigation is and how it works in the state in the event that you are facing such an issue.

When faced with administrative litigation, a decision by an agency is typically being reviewed. This review is brought to an administrative law judge who is a third party and is independent of any entities involved in the proceedings. The agency is alerted of the challenge of its decision or ruling as part of the proceedings.

How can you file an appeal on a criminal case?

It may surprise you to learn this, but your lawyer has probably been keeping in mind the possibility of a guilty verdict and what you need to mount a successful appeal since the start of your criminal trial.

It wasn't that your attorney was convinced you were going to lose -- it's just that any smart attorney tries to keep as many doorways open through which an appeal can be made if the verdict doesn't go in your favor.

Plan your civil litigation with an appeal in mind

Civil litigation is something that is sometimes resolved through a trial. In other cases, it is resolved through a settlement. In both cases, having your case in order can help you out considerably.

When the circumstances of your case pit you against a difficult opponent, you don't want to have to worry about whether you will be able to make your case or not. The key to not having to worry is being able to take the time to comb through the evidence and build your case. This means that you need to get your case moving without any delays that might take away valuable planning time.

Are you a nurse facing disciplinary action? Don't face it alone.

As an Ohio nurse, you know how important it is to follow guidelines, provide quality care to patients and meet the standards required by the licensing board and your employer. However, accidents can happen and mistakes may be made, but that does not mean that you are unqualified to provide care to the sick or injured.

If you are facing a disciplinary action for any reason, you have the right to defend yourself and protect your career and livelihood. However, you would be wise not to face disciplinary action on your own. Instead, you would find it beneficial to seek the guidance of an experienced Ohio attorney who can help you protect your job and your long-term interests.

Teachers' professional licensure at stake after alcohol incident

There is a time and place for a boozy brunch - and it probably is not while you are teaching a group of children. Several area teachers have learned that lesson the hard way, and their professional licensure could now be at risk because they were found drinking during a break from a summer camp program. News outlets in Toledo, Ohio, report that the Michigan teachers are accused of leaving a sixth-grade camp to drink alcohol.

Investigators have not stated exactly where the teachers went or why they decided to drink during a school day, but the effects of the teachers' actions are sure to be long-lasting. Five of the seven teachers chose to resign from their positions. They will be paid through mid-June, but they will not be permitted to return to work after that. All of the teachers were put on administrative leave and are prohibited from returning to their buildings, according to news outlets. School officials say that the safety and security of the children they serve are the most important considerations, so the drinking incident is being taken very seriously.

Former state politician seeks haven through appeals court

A former state representative is in danger of losing his professional auctioneer license because of a criminal proceeding. Rep. Steve Kraus is going through the appeals process for alleged theft. He claims that the prosecution was politically motivated and calculated to keep him out of a political seat. The outcome of the criminal case could determine whether Kraus can continue as an auctioneer and realtor -- people with felony convictions cannot hold this type of licensure.

Official reports show that the man has filed an appeal with the Ohio Supreme Court, but state agencies are moving to rescind his license before the criminal case is over. Authorities from the Ohio Department of Agriculture say that they are wanting to repeal his license, but the former politician is fighting the action. Kraus argues that he is being treated unfairly because his criminal case has not yet concluded.

Video: Do not wait too long to deal with regulatory or licensure issues | The Patton Law Firm, LLC

What do insurance agents, medical professionals, and financial experts all have in common? Chances are that each has a professional license that is subject to the rules and regulations promulgated by one of Ohio's approximately 300 state executive branch agencies.

The rules of licensing, or reapplying for licensure, can be complex. Our law firm is board certified in administrative agency law. We help our clients understand these licensing rules.

Keys to protecting your professional license as a nurse

Just how important is your professional license as a nurse? For many of us, professional licensure determines our ability to make a living - and any threat to it can pose an administrative law nightmare. Trying to defend your professional licensure on your own after a mistake or misstep can be exhausting. That is why you should consider seeking the help of administrative litigation specialists.

What types of issues can arise when it comes to your professional license? You could end up having your license challenged after a medication or procedural error at your job. What happens if you administer the incorrect medication to a patient, and that patient suffers serious injury or dies as a result? That is an offense that could cause you to lose your job. If you have the right team to protect you from litigation, however, you could have a much more favorable outcome.

Dole battles civil litigation after listeria outbreak

A Dole plant in Springfield, Ohio, that was allegedly the source of a dangerous listeria outbreak is now facing legal action from victims who suffered illnesses because of the contamination. The company is embroiled in civil litigation from the 19 victims who were hospitalized, one of whom died after contracting the illness. Official reports show that two claimants have settled with Dole for an undisclosed amount, and other victims may follow suit.

The legal action stems from a listeria outbreak that shut down the Springfield plant in early 2016 after salads packaged at the facility were found to contain listeria. Production stopped at the facility in late January 2016 and did not resume until April of that year. Dole continues to maintain that the salads were not contaminated until after they left the processing facility. In all, the outbreak affected patients in nine states and five Canadian provinces. Each one of the U.S. cases required that the victims be hospitalized.

Boston man eschews professional licensure, faces charges

You worked hard to earn your professional license. Whether you are a physician, real estate professional, cosmetologist or engineer, you care about maintaining your professional licensure. That is why it is so distressing for our Ohio clients to learn that someone may have been compromising the quality and significance of their license. Unfortunately, some believe that posing as a licensed professional can benefit them - those people should be called to task. For example, a Boston-area man is now facing criminal charges because he posed as a real estate agent and took advantage of his clients.

The man, age 42, is accused of pretending to hold a broker's license and preying on people who were facing foreclosure. The man offered to help the victims by selling their homes on a short sale, but he never made good on his promise. Instead, the defendant is accused of keeping deposits that he had been paid by the desperate homeowners. He had told the homeowners that he would hold the funds in escrow pending the purchase of their houses, but he used the money for personal purchases. In all, the man is accused of stealing about $50,000 from area residents.

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