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Partner & Associate Successfully Defend Purchaser of Foreclosed Property

Karl Schneider and Mark Meterko successfully represented the purchaser of a foreclosed property at a sheriff’s sale in an appeal of the underlying foreclosure judgment and confirmation of sale before the Tenth District Court of Appeals for the State of Ohio. Mr. Schneider and Mr. Meterko successfully argued that the purchaser should be allowed to intervene in the appeal to protect her interest in the property, and successfully argued for the affirmation of the underlying foreclosure judgment and confirmation of sale.

Maguire & Schneider Successfully Defends the Constitutionality of Ohio Statute

In September of 2010, Maguire & Schneider was appointed as Special Counsel by former Attorney General Richard Cordray to represent the Secretary of State in the case of Lavin v. Husted, Case No. 1:10-cv-01986 (N.D. Ohio 2010). On behalf of the Secretary, the law firm successfully defended the constitutionality of Ohio Revised Code section 3599.45, which prevents the Attorney General, county prosecutors, and any candidate for Attorney General or county prosecutor from accepting campaign contributions from individuals that provide goods and services under the Medicaid program. The Complaint sought preliminary and permanent injunctive relief to prevent the Secretary from enforcing R.C 3599.45, and a judgment declaring that R.C. 3599.45 was unconstitutional in violation of the First and Fourteenth Amendments.

On July 22, 2011, the Honorable Judge Donald C. Nugent granted the Secretary’s Motion for Summary Judgment, holding that, “the Secretary has presented sufficient evidence regarding Medicaid fraud in Ohio and the roles of county prosecutors and the Attorney General in combating that fraud to carry his burden of demonstrating a sufficiently important governmental interest to justify limiting campaign contributions.” In upholding the statute’s constitutionality, Judge Nugent went on to conclude that Revised Code 3599.45 is closely drawn to advance the sufficiently important state interest of preventing corruption and the appearance of corruption.

Partners Present at 2010 International Radon Symposium

On October 19, Patrick Maguire and Karl Schneider presented at the 2010 International Radon Symposium at the Hyatt Regency in Columbus Ohio. Their discussion centered on legal issues impacting radon professionals in the areas of statutory compliance , consumer law, mechanic‘s lien and residential real estate transactions.

Partner Elected to Second Term to CBA's Board of Governors

Maguire & Schneider, LLP is pleased to announce that Keith W. Schneider, a partner in the firm, has been elected to a second term on the Columbus Bar Association's 2010-11 Board of Governors. He was officially sworn in on June 4th at the CBA's Annual Meeting.

Mr. Schneider is the head of the Labor and Employment group and represents corporations and individuals involved in employment disputes. He also focuses on receivership issues.

Partner & Associates Present at Denison University

Trina Goethals, Aaron Weir and Karl Schneider presented a symposium to the Denison University, Pi Phi Sorority Chapter on Sunday, April 18, 2010, in Granville, Ohio. The firm’s attorneys discussed employment contracts and other future employment issues including harassment and unpaid internships. Other topics included the evolution of hazing, social media risks including Facebook and MySpace, and various landlord-tenant issues.

Partner Karl Schneider Appointed to Committee

Karl H. Schneider was appointed in November 2009 by Governor Ted Strickland to the Sunset Review Committee. The nine-member committee is charged with gathering information on state boards, commissions, committees, councils “ or any other similar state public body required to be established pursuant to state statutes for the exercise of any function of the state government and to which members are appointed or elected,” according to its authorizing statute. The committee is comprised of 3 members appointed by the President of the Ohio Senate, 3 members appointed by the Speaker of the Ohio House, and 3 appointed by the Governor.

Two Partners Named 2010 Ohio Super Lawyers & Three Firm Attorneys Named 2010 Ohio Rising Stars

Maguire & Schneider, LLP is pleased to announce that two of its Partners Karl H. Schneider and Keith W. Schneider were named 2010 Ohio Super Lawyers. Karl Schneider was additionally selected in the Top 50 in Central Ohio listing.

We are also pleased to announce that Firm Attorneys Trina N. Goethals, Mark R. Meterko and Aaron J. Weir were named by Super Lawyers magazine as 2010 Ohio Rising Stars. Super Lawyers is a comprehensive and diverse listing of exceptional attorneys representing a wide spectrum of practice areas, firm sizes and geographic locations. The list is based on surveys of thousands of lawyers and peer reviews. Only the top five percent of lawyers from nearly sixty practice areas are named Super Lawyers.

Partner Karl H. Schneider Appointed to Committee

Partner Karl H. Schneider was appointed to the planning committee for the 2010 Sixth Circuit Judicial Conference.

FDA Press Release Regarding Hydroxycut

FDA News

FOR IMMEDIATE RELEASE

May 1, 2009

Media Inquiries:
Susan Cruzan, 301-796-4540
Consumer Inquiries:
888-INFO-FDA

FDA Warns Consumers to Stop Using Hydroxycut Products
Dietary Supplements Linked to One Death; Pose Risk of Liver Injury
The U.S. Food and Drug Administration is warning consumers to immediately stop using Hydroxycut products by Iovate Health Sciences Inc., of Oakville, Ontario and distributed by Iovate Health Sciences USA Inc. of Blasdell, N.Y. Some Hydroxycut products are associated with a number of serious liver injuries. Iovate has agreed to recall Hydroxycut products from the market.

The FDA has received 23 reports of serious health problems ranging from jaundice and elevated liver enzymes, an indicator of potential liver injury, to liver damage requiring liver transplant. One death due to liver failure has been reported to the FDA. Other health problems reported include seizures; cardiovascular disorders; and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure.
Liver injury, although rare, was reported by patients at the doses of Hydroxycut recommended on the bottle. Symptoms of liver injury include jaundice (yellowing of the skin or whites of the eyes) and brown urine. Other symptoms include nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite.

“The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risk. Adverse events are rare, but exist. Consumers should consult a physician or other health care professional if they are experiencing symptoms possibly associated with these products,” said Linda Katz, M.D., interim chief medical officer of the FDA’s Center for Food Safety and Applied Nutrition.

Hydroxycut products are dietary supplements that are marketed for weight-loss, as fat burners, as energy-enhancers, as low carb diet aids, and for water loss under the Iovate and MuscleTech brand names. The list of products being recalled by Iovate currently includes:

  • Hydroxycut Regular Rapid Release Caplets

  • Hydroxycut Caffeine-Free Rapid Release Caplets

  • Hydroxycut Hardcore Liquid Caplets

  • Hydroxycut Max Liquid Caplets

  • Hydroxycut Regular Drink Packets

  • Hydroxycut Caffeine-Free Drink Packets

  • Hydroxycut Hardcore Drink Packets (Ignition Stix)

  • Hydroxycut Max Drink Packets

  • Hydroxycut Liquid Shots

  • Hydroxycut Hardcore RTDs (Ready-to-Drink)

  • Hydroxycut Max Aqua Shed

  • Hydroxycut 24

  • Hydroxycut Carb Control

  • Hydroxycut Natural


  • Although the FDA has not received reports of serious liver-related adverse reactions for all Hydroxycut products, Iovate has agreed to recall all the products listed above. Hydroxycut Cleanse and Hoodia products are not affected by the recall. Consumers who have any of the products involved in the recall are advised to stop using them and to return them to the place of purchase. The agency has not yet determined which ingredients, dosages, or other health-related factors may be associated with risks related to these Hydroxycut products. The products contain a variety of ingredients and herbal extracts.
    Health care professionals and consumers are encouraged to report serious adverse events (side effects) or product quality problems with the use of these products to the FDA's MedWatch Adverse Event Reporting program online, by regular mail, fax or phone.

    –Online: www.fda.gov/MedWatch/report.htm
    –Regular Mail: Use FDA postage paid form 3500 found at: www.fda.gov/MedWatch/getforms.htm and mail to MedWatch, 5600 Fishers Lane, Rockville, MD 20852-9787
    –Fax: 800-FDA-0178
    –Phone: 800-FDA-1088
    The FDA continues to investigate the potential relationship between Hydroxycut dietary supplements and liver injury or other potentially serious side effects.
    ____________________________________________________________

    Maguire & Schneider is currently investigating Hydroxycut. If you feel you have suffered as a result of Hydroxycut® please contact:

    Wayne Hassay
    614-224-1222
    800-600-1222

    Partner Karl Schneider Speaks at CCIIR Forum

    Partner Karl H. Schneider recently addressed the Columbus Commercial Industrial Investors Realtors’ (“CCIIR”) forum. Mr. Schneider described the operations of the Ohio Real Estate Commission and Ohio Division of Real Estate and discussed business practices with a view toward creating risk reduction. Trina N. Goethals attended the forum with Mr. Schneider, offering guidance to inquiring attendees.