KMK Law Complex Litigation Blog

On December 8, 2020, the Associated General Contractors of America, Inc. (“AGC”) filed suit in the United States District Court for the District of Columbia against the Small Business Administration (“SBA”) and Office of Management and Budget (“OMB”).[1] The lawsuit seeks declaratory and injunctive relief prohibiting the SBA from using a “Loan Necessity Questionnaire” to collect information from borrowers who received Paycheck Protection Program (“PPP”) loans in excess of $2 million.

During the summer, Ohio Governor Mike DeWine and the Ohio Liquor Control Commission instituted new rules governing alcohol sales.  The emergency measure, intended to combat the spread of COVID-19, mandated that all alcohol-serving establishments cease alcohol sales at 10 p.m.^[1]  The primary targets of the order were bars and restaurants which, according to the Governor, had contributed to outbreaks in Cleveland, Columbus, and Toledo.^[2]  Customers could be served until 10 p.m., but had until 11 p.m. to finish their drinks.

The last-call order was to remain in effect for 120 days ...

As part of the next phase of Healthy at Work/Reopening Kentucky, Kentucky restaurants have begun reopening for dining, while bars are not slated to reopen until June 29, 2020.  In addition to complying with Kentucky’s general Healthy at Work requirements, Kentucky restaurants must also comply with specific social distancing and other requirements. Most notably, restaurants must limit their indoor dining capacity to 33%, and not only are party sizes limited to 10 people, but persons not living within the same household should not permitted to sit at the same table. Restaurants should also maximize their use of outdoor seating. Restaurants must also maintain 6 feet of space between seated customers, i.e. no person can be within 6 feet of a person seated at another table.

As part of the next phase of Responsible RestartOhio, Ohio restaurants and bars have begun reopening for outdoor patio dining, with inside dining to resume on May 21, 2020. While continuing to comply with food safety and sanitation guidelines, and after instituting special protocols for employees during weeks of carryout-only operations, restaurant and bar owners are now faced with the challenge of enforcing social distancing requirements as the number of diners increases and the risk of crowds forming at their premises rises. Current steps restaurants and bars must take with respect to customers include:

On September 28, 2016, Ohio foreclosure reform takes effect following the enactment of House Bill 390 (HB 390).  The changes created by HB 390 will impact the foreclosure of both residential and commercial properties.  While Ohio foreclosure reform will undoubtedly cause county courts across the state to make revisions to their local foreclosure procedures and rules, the new law provides long overdue uniformity for foreclosing judgment creditors. Furthermore, the modernization of Ohio’s sheriff foreclosure sales, including the implementation of online sales, finally ushers the Ohio foreclosure process into the 21^st century.  Additionally, the new law expedites the foreclosure of vacant and abandoned residential properties—a positive step in favor of community revitalization efforts to fight against community blight and prevent the existence of “zombie homes.”

On March 23, 2015, Ohio’s recently enacted amendments to the receivership statute will go into effect, creating certainty and consistency for various existing receivership practices previously developed and used by Ohio courts.  The revised receivership law amends, among other things, certain sections of Ohio Revised Code Chapter 2735 – Receiverships, including sections 2735.01 (Appointment of Receiver), 2735.02 (Qualifications of Receiver) and 2735.04 (Powers of Receiver).