Mowery Youell & Galeano, Ltd.
Mowery Youell & Galeano, LTD. Attorneys at Law
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September 2011 Archives

Dodgers owner says his spousal support payments are too high

Baseball fans in Ohio and across the country may be on the edge of their seats, but not because of action on the field. The source of anxiousness may stem from the fact that the Dodgers could potentially be sold, but the decision is still on hold until a resolution is reached in the team's bankruptcy filing. Right now the owner of the team, Frank McCourt, is in the middle of a costly divorce and the ultimate trophy and bargaining chip is the Dodgers. Frank McCourt wants full ownership, but his ex-wife claims she deserves part of the team.

Eight men owe nearly $170,000 in child support

In Ohio, child support mandates are taken very seriously and people who fail to make child support payments can face heavy legal consequences. Nonetheless, there seems to be a growing number of people who put child support on the back burner. A recent news report highlights the fact that any misconception about child support which results in a failure to pay could result in a legal battle.

Divorce in Ohio above national average

New statistics are in about divorce and marriage in Ohio. According to a JournalNews analysis, Ohio is slightly above the national average for divorces. Out of every 1,000 people, 9.5 men and 10 women divorce in Ohio. However, many lawyers indicate the number of people inquiring about a divorce is steadily increasing. Some attribute the dichotomy to the economy, pointing to the fact that bad economic times make divorce a more difficult option.

Non-compete Agreements: To Compete, or Not to Compete

Employers regularly utlize non-compete agreements to protect their interests-such as trade secrets, confidential information and resources spent to train and educate their employees. The necessary result is that many employees face the decision whether or not to execute such an agreement when starting a new job or even accepting a promotion. How to properly draft an enforceable agreement not to compete, and deciding whether one should commit to the same, are questions that do not always have a definite answer. Nonetheless, with some forethought and proper planning, both employers and employees can reduce the chances of an adverse outcome related to a non-compete agreement.

Prenuptial agreement shows reality-TV celebrity is a smart cookie

All too often, female reality show celebrities and socialites are dismissed as "dumb." That generalization has repeatedly been proven a lie by a good number of actresses and chanteuses who have their lawyers draw up prenuptial agreements. The latest one to do so is reality-TV celebrity Kim Kardashian; she demonstrated aforethought by signing a prenuptial agreement with her NBA star husband. It goes without saying that all of us here in Ohio should take this decision as seriously as she seems to have.

An Employer's "Honest Belief" Must Be Based On Actual Facts

The Sixth Circuit issued an unpublished decision on August 18, 2011 that has the potential to make a large impact on disability discrimination cases and discrimination cases in general with respect to the "honest belief" defense often asserted by employers. In Jones v. Nissan N. Am., Sixth Cir. No. 09-5786, the Sixth Circuit reversed the district court's decision, directing it to enter judgment in favor of the plaintiff-employee, and remanded the case for a determination as to damages.

Cop accused of rape now fighting for custody of child

It's not very common for a child custody case to make national news, unless of course the child in question happens to be related to a currently notorious media figure. For example, in the case of the reported "rape cop", many citizens of Ohio (and people all over the U.S. for that matter) have become very familiar with the specifics behind this former officers troubles.

Can an Individual Pursue a Discrimination Lawsuit While He Is In Bankruptcy Proceedings?

The case of Johnny Lee, Sr. v. University Hospitals Health System, Inc. (N.D. Ohio March 27, 2009) Case NO. 1:07CV3555 exemplifies risks some people take when they file a discrimination lawsuit during their bankruptcy proceedings.  An individual could potentially face monetary sanctions and a dismissal of his lawsuit if he fails to notify the bankruptcy court and the assigned trustee of his pending charge.

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