Zagrans Law Firm LLC Zagrans Law Firm LLC 2026-04-13T23:58:14Z https://www.zagrans.com/feed/atom/ WordPress /wp-content/uploads/sites/1204149/2024/04/cropped-zagrans-site-icon-32x32.png On Behalf of Zagrans Law Firm LLC <![CDATA[How does the Ohio Revised LLC Act affect partnership disputes?]]> https://www.zagrans.com/?p=46812 2026-04-13T23:55:07Z 2026-04-11T01:22:31Z Ohio Revised Limited Liability Company Act can have a substantial impact on dispute resolution in scenarios where members have conflicts with one another. Understanding the changes to the law can facilitate faster and more effective solutions for disputes among members or business partners operating an LLC jointly. What specific changes may have an impact on the outcome of a dispute?

Partners have the ability to waive fiduciary duty

Previously, LLC members had a fiduciary duty to the organization, as well as to other members and managers. Under the revised law, the foundational documents for the LLC and the partnership contracts between individual members can limit or even eliminate the fiduciary duty of certain parties or prevent legal action over conflicts of interest.

The operating agreement takes priority

Previously, statutory standards played a significant role in LLC management and the resolution of disputes. The revised law makes the operating agreement the primary legal consideration when addressing disputes. Frequently, the agreement itself contains provisions related to dispute resolution, and partners or members may need to review the initial agreement to ensure they adhere to those requirements. Additionally, the law now allows operating agreements to outline specific consequences for breaches of the agreement and other contracts between the members or partners. Penalties could include a loss of ownership interest or a forced buyout.

There are faster dissolution options

When a dispute is impossible to resolve amicably and business partners do not want to pursue a buyout, the law now allows for a much faster LLC dissolution process. The Ohio Revised Limited Liability Company Act helps limit the liability of partners and the availability of creditors to make claims against the people who own and operate the LLC. Ensuring compliance with state laws and operating agreements is critical for those facing a dispute with a business partner. Having experienced legal guidance can help business leaders evaluate their options.]]> On Behalf of Zagrans Law Firm LLC <![CDATA[What is Considered Medical Malpractice in Ohio?]]> https://www.zagrans.com/?p=46758 2024-06-20T19:33:28Z 2024-06-20T19:26:36Z Suffering a permanent injury or disease due to irresponsibility and lack of knowledge of a doctor, nurse, or hospital is a reason to sue for medical malpractice. Still, medical malpractice cases often turn into a real battle for victims. Individuals must face painful circumstances, such as physical pain or the pain of seeing a loved one suffer. This also includes the despair of the injuries caused by medical malpractice. Patients are at risk in the hands of negligent health professionals. That is why every state of America has solid laws and statutes against malpractice. They allow compensation for the victims and protect every person who receives treatment.

What is Considered Medical Malpractice in Ohio?

Medical malpractice occurs when a healthcare provider causes harm or injury to a patient through a medical error. Medical errors happen when a doctor, nurse, hospital, or other healthcare professional fails to meet the standard of care. Victims suffer life-changing injuries. In some cases, they get a permanent disability and will not be able to work again. In the most severe cases, medical malpractice leads to the death of the patient. Some examples of medical malpractice in Ohio are as follows:   
  • Misdiagnosis 
  • Failure to diagnose. 
  • Surgical errors 
  • Prescribing wrong medication 
  • Injuries to a child during childbirth 
  • Defective medical equipment 
  • Misuse of anesthesia
  • "Never events" that should never happen 
"Never events" refer to incidents and healthcare issues that are preventable and should never happen. For example, surgical, radiologic, or medical events. Sometimes, the victims or their families can receive damages for medical malpractice after a lawsuit.

Lawsuit and Medical Malpractice Claim in Ohio

Ohio’s statute of limitations provides up to one year to file a medical malpractice lawsuit. Time begins to run when the victim gets injured or becomes aware of his injury.  A medical malpractice claim is a challenging lawsuit because the victims, their families, or their lawyers must prove that there was a doctor-patient relationship. To support the claim, it is also necessary to prove medical negligence resulting in injury. Finally, during a medical malpractice lawsuit, the victim or his or her lawyer must present economic and non-economic damages to get compensation. If you have been the unfortunate victim of medical malpractice, one of the recommendations is to visit an attorney. A professional with experience in medical malpractice could guide you during the legal process.]]> On Behalf of Zagrans Law Firm LLC <![CDATA[A look at trade secrets and how to protect them]]> https://www.zagrans.com/?p=46740 2024-05-23T14:45:27Z 2024-05-23T14:45:27Z Trade secrets are the lifeblood of a business. They give your company a competitive edge, but only when you take steps to protect them. Understanding and safeguarding these secrets can be the difference between thriving and struggling in today’s competitive business landscape.

What are your trade secrets?

Trade secrets can be anything that is not generally known to the public, provides economic benefit to its holder and is the subject of reasonable efforts to maintain its secrecy. Here are a few examples:
  1. Customer lists: Detailed customer lists, which might include preferences and needs.
  2. Business methods: Unique methods of operations or sales strategies.
  3. Recipes or formulas: A secret recipe or formula for a signature offering.
  4. Software: Proprietary software developed for internal use.
  5. Manufacturing techniques: Unique, efficient manufacturing processes.
These and other technical, commercial and financial elements can be the very things that set you apart from your competitors, thereby making them crucial to protect.

Common mistakes with trade secrets

Despite their importance, many businesses make mistakes regarding their trade secrets. Some common ways business owners fail to secure trade secrets include:
  1. Not identifying trade secrets: Many businesses fail to identify their trade secrets, making it difficult to protect them from theft or disclosure.
  2. Inadequate protection measures: Simply locking a document in a drawer may not be enough. Businesses need to implement robust security measures to provide reasonable protection.
  3. Lack of employee training: Employees might unknowingly leak trade secrets. Regular training can help prevent this.
  4. No non-disclosure agreements: NDAs (or other confidentiality agreements) can be appropriate for anyone with access to the trade secrets.
  5. Not regularly auditing trade secrets: Regular audits can help ensure ongoing protection and identify any potential leaks.
Trade secrets are vital to a business’s success. However, they can only provide a competitive edge if businesses take steps to protect them and keep them private. If there may be gaps or questions, seeking legal guidance can be vital. Remember, your trade secrets are your business’s hidden assets. Protect them well.]]> On Behalf of Zagrans Law Firm LLC <![CDATA[Has a partner put the company in jeopardy?]]> https://www.zagrans.com/?p=46739 2024-05-06T13:55:50Z 2024-05-03T21:19:49Z Potential grounds for legal action There are a wide range of reasons for filing a lawsuit, but four common grounds are:
  • Breach of contract: When a partner fails to uphold their end of the partnership agreement, it can cause significant damage to the business. For example, if a partner was responsible for securing financing by a specific date and failed to do so, they may have breached the contract.
  • Breach of fiduciary duty: Partners are legally obligated to act in the company and clients' best interest. If a partner makes decisions that benefit themselves at the company's expense, like diverting business opportunities to another company they own, this could constitute a breach of fiduciary duty.
  • Fraud or misrepresentation: If a partner intentionally deceives others in the partnership for personal gain, this is grounds for legal action. An example could be a partner inflating the value of assets brought into the business to gain a larger share of profits.
  • Theft or embezzlement: When a partner steals from the company, whether it's money, property, or intellectual property, this is a clear violation of trust and the law. Embezzling funds to cover personal expenses is an all too common example.

The benefits of litigation

While suing a business partner can be a difficult decision, it sometimes becomes necessary to protect the interests of the business and its stakeholders. Litigation can recover losses, hold the offending partner accountable, and ultimately save the business from further harm. It can also set a precedent that safeguards the company from future issues, reinforcing the seriousness of the partnership's obligations.

Don’t start without a plan

A strong business partnership is vital for success, but knowing when to take legal action can be just as important when things go awry. Recognizing the grounds for suing a partner and understanding the benefits of litigation can help ensure your business's long-term health and prosperity.]]> On Behalf of Zagrans Law Firm LLC <![CDATA[Ohio’s Supreme Court rules on statute of repose for wrongful death claims]]> https://www.zagrans.com/?p=46718 2024-12-10T16:50:10Z 2024-04-22T19:29:11Z Why does this time limit exist? Many courts believe that for specific claims, like medical mistakes, there should be a limit to the time a person has to sue because, in almost all cases, if the person sustained an injury during the medical procedure, odds are they will find out within a certain period. Having unlimited time to sue would, perhaps, expose doctors and hospitals to potentially unlimited lawsuits, which would cause a whole new set of problems.

Application to wrongful death claims

The big news is that the Supreme Court of Ohio recently decided that this time limit also applies where the person dies and the family decides to sue. The family can sue the doctor, the hospital or whoever they claim is responsible. Just like with a medical mistake, once the doctor performs the procedure, the timer begins, and once the specified amount of time runs out, the family of the person who passed away cannot sue.

Biggest takeaway

The most significant change from this decision is that the same time limit that medical lawsuits have for people to sue, also applies to cases where the person dies.

Legal representation

When a doctor performs a procedure and a patient suffers an injury, it is essential to contact an attorney. You, the patient, have rights, and your medical team has responsibilities. If they fail you in fulfilling those responsibilities, the law may order them to compensate you. The same is true if someone in your family dies after a medical procedure. Suppose an attorney can bring the case to court and prove that there was a medical error that led to that person’s death. In that case, the court may order the doctor or hospital to compensate the family. It is essential, however, to know what the time limits are. For this, it is best to speak with your attorney, who can give you specific advice regarding your unique case.]]> On Behalf of Zagrans Law Firm LLC <![CDATA[What you need to know about wrongful death in Ohio]]> https://www.zagrans.com/?p=46696 2024-12-10T16:54:12Z 2024-04-05T10:44:52Z a wrongful death occurs when someone dies due to the wrongful act or neglect of another person or entity. This means the death wouldn’t have happened if not for the other party’s actions or inaction. Common examples include car accidents caused by drunk drivers, medical malpractice leading to death or product defects resulting in a fatality.

Who can file a wrongful death claim?

The person appointed by the court to handle the deceased’s estate (usually the spouse or an adult child) is typically responsible for filing a wrongful death lawsuit. In some cases, other surviving family members, like parents or siblings, may also be eligible to file, especially if they can demonstrate financial dependence on the deceased. Wrongful death lawsuits can recover various damages, including:
  • Medical and funeral expenses: Compensation for medical bills incurred before death and funeral costs.
  • Lost income and earning capacity: Recovering the income the deceased would have generated for the family if they had lived.
  • Loss of companionship and guidance: This covers the non-economic losses such as emotional pain and suffering from the loss of companionship, love and support.
  • Loss of household services: The value of the services the deceased provided around the house, such as childcare or housekeeping.
Before embarking on this endeavor, it’s crucial to acknowledge that wrongful death cases can be complex, involving investigations, evidence gathering and navigating legal procedures. Effective communication with opposing parties and insurance companies can increase the odds of favorable outcomes.

Time limits: The statute of limitations

There is a two-year statute of limitations in Ohio for wrongful death lawsuits. This means you and your family generally have two years from the date of your loved one’s unfortunate and unexpected passing to file a claim. It’s crucial to try and ensure you don’t miss this deadline; otherwise, your family may have to forfeit any compensation. Losing a loved one unexpectedly is devastating. While a wrongful death lawsuit can’t bring them back, it can help to alleviate financial burdens and provide a sense of justice. If you believe someone else’s negligence caused your loved one’s death, taking legal action can help you and your family receive the compensation you deserve.]]> On Behalf of Zagrans Law Firm LLC <![CDATA[When is a lawsuit necessary to resolve a partnership dispute?]]> https://www.zagrans.com/?p=46694 2024-12-10T17:02:19Z 2024-03-28T21:27:11Z
  • Fails to fulfill financial obligations
  • Diverges from agreed-upon management styles
  • Competes with the business
    • Aside from having obligations as outlined in the partnership agreement, partners also owe a duty of loyalty and good faith to the partnership. This means acting in the business’s best interests, not for personal gain. Misusing company funds, withholding crucial information or self-dealing can be grounds for litigation. Additionally, embezzlement, theft or fraudulent activities by a partner can severely damage the business and lead to legal action. Disagreements on business strategy, financial decisions or how to handle profits can also lead to impasses. In such cases, the partnership agreement might outline a process for resolving deadlocks or dissolving the business, which could involve litigation. When litigation becomes necessary Litigation might be the only course of action if ADR is unsuccessful or not an option. A clear sign that you should proceed with litigation is when your business incurs significant financial losses due to a partner’s actions. Litigation might be necessary to recoup losses. It can potentially be wise to take legal action to hold your partner accountable for intentional fraudulent behavior or malicious intent. Moreover, litigation might be necessary to obtain a clear legal interpretation for intricate contractual disputes or disagreements on partnership rights. Partnership disputes can be disruptive and stressful. However, you can more confidently navigate this challenging situation with a clear understanding of your rights and options under the law.]]>         On Behalf of Zagrans Law Firm LLC <![CDATA[Deceptive trade practices: dishonesty in business is a big deal]]> https://www.zagrans.com/?p=46693 2024-12-10T17:13:17Z 2024-03-25T18:54:03Z But what happens when advertisements lie? Deceptive trade practices happen when businesses try to exploit other companies or consumers by promising something they cannot deliver. For example, by advertising a feature in a product that does not work how it says it will. The practices often involve false advertising and misleading claims about the product or lying by omitting important information about the product that could change the client’s mind about purchasing the item.

    Examples of deceptive trade practices

    Some examples of these practices, many of which are illegal, include:
    • False advertising
    • Hidden fees and costs
    • Bait-and-switch tactics
    • False guarantees
    • Misleading labels

    What can someone do about this, if anything?

    Luckily, the law protects businesses and consumers against these practices by passing laws to make them illegal. As a consumer, it is critical to:

    Do your research and read reviews

    Do your research and make sure people are happy with the product. Make sure you do not see complaints about false advertising or deception of any kind. Those are definitely red flags you should avoid.

    Always read the fine print

    The terms and conditions and product labels tell us much about a product. So whether it is a part that you need to manufacture for a vehicle or a toy you want to purchase for your child, read the small print and the labels. Often, people ignore labels that explicitly state that the company is not responsible if the item does not work in a certain way.

    Trust yourself

    If something makes you feel that something is off, it probably is. If something seems too good to be true, it probably is. Trust your gut feeling, and do not be afraid of asking questions.

    Report it

    This is important because no one would know without companies, and people who report suspected deceptive practices. Suppose you identify a potential situation where any of the above is present. In that case, you can report them to the authorities. For example, the Federal Trade Commission (FTC) or your state attorney general’s office. Awareness and keeping your eyes open when purchasing something, large or small, are critical to maintaining an honest marketplace. Without an honest marketplace, companies lose money, and economies suffer. Please do your part by avoiding making promises you cannot keep and reporting things when they are off.]]>         On Behalf of Zagrans Law Firm LLC <![CDATA[Timelines to remember when filing an appeal in Ohio]]> https://www.zagrans.com/?p=46630 2024-02-22T12:54:48Z 2024-02-22T12:54:48Z appellate process can be tedious and lengthy, even if the Court of Appeals and Supreme Court don’t hold new trials to hear the case in question. Appellate judges review and analyze the information and proceedings before affirming or overruling the decision.

    Raise your side to the Court of Appeals first

    You must file a notice of appeal within 30 days of the entry of judgment, including weekends and holidays. However, the court will accept an appeal later if the last day falls on a weekend or holiday. You should also submit a written order that instructs the trial court to gather all the records needed for the appellate review. Another requirement is the docketing statement, which has basic information on the appeal and contact details of both parties.

    Aim for your last chance at the Supreme Court

    There is a slightly longer period to appeal before the Supreme Court as an appellant can file within 45 days from the Court of Appeals judgment. In fact, the Ohio Supreme Court has laid out strict timelines for each phase of the appeal.

    Timeliness is mandatory

    The appellate courts in Ohio demand strict compliance to the timelines for filing an appeal, with the Supreme Court stressing that it disallows the Clerk to file untimely documents. In the thick of an appeal, under the press of deadlines and difficult to understand legal procedure, it’s important to keep your hopes up and trust in your attorney’s experience.]]>         On Behalf of Zagrans Law Firm LLC <![CDATA[The Ohio statute of repose for medical wrongful-death claims]]> https://www.zagrans.com/?p=46604 2024-02-12T14:09:13Z 2024-02-12T14:09:13Z  Claims for wrongful death involve some of the most devastating circumstances a person can face. However, the difficulties of a wrongful death claim are only magnified if that loss was caused by some form of medical malpractice. Aside from the personal complications, the legal complexities compound when these two areas of the law come together. The case of “Everhart v. Coshocton County Memorial Hospital” shows this clearly.

    Victim’s wife takes action against hospital

     The victim figured in a car crash in 2003. He was rushed to Coshocton Hospital and then brought to Ohio State University Medical Center for treatment. At Coshocton Hospital, doctors noticed a possible “lung contusion” in his chest X-ray. Three years later, he went to Coshocton Hospital with a cough, abdominal pain and blood in his urine. Tests revealed a huge mass in his right lung, and more tests confirmed his advanced stage of lung cancer. Two months after the diagnosis, he died in 2006. His widow sued Coshocton Hospital and its doctors in 2008 for wrongful death and medical malpractice. She alleged that they failed to inform and remind her husband about the lung issue in 2003.

    High Court settles the tussle

    In Ohio, the statute of repose allows medical malpractice victims to file a case four years after the incident. Since the victim’s wife sued for wrongful death due to a medical malpractice incident that happened more than four years ago, a tug-of-war over the statute of repose went all the way to the Supreme Court. The trial court sided with the defendants, prompting the victim’s wife to appeal. The Tenth District Court overturned the decision because the statute of repose didn’t apply to her wrongful death claim. In December 2023, the Supreme Court reversed the ruling in favor of the hospital and its doctors. It reasoned that the medical claim stated in the four-year statute of repose includes claims for wrongful death based on medical care.

    Time limit to file for claims

    It is crucial to keep track of the time and file a suit early if you believe your loss was due to negligence. No matter the personal and legal difficulties experienced, if you don’t move soon, you may lose any chance to pursue closure.]]>