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.

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.

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 was appointed to the planning committee for the 2010 Sixth Circuit Judicial Conference.

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 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.

Raptiva is once-a-week injection for treatment of psoriasis. It was pulled from the U.S. market on April 8, 2009. It was withdrawn because Raptiva suppresses the immune system, which increases the risk of serious infections, including a rare viral brain infection known as progressive multifocal leukoencephalopathy (PML).

We are investigating cases of PML and other serious infections acquired by people when being treated with Raptiva.

If you feel you have suffered as a result of Raptiva please reivew and fill out the below questionnaire. You may also call Maguire & Schneider to discuss your legal rights.

http://www.ms-lawfirm.com/news/2009/04/raptiva_questionnaire.shtml

If you are currently a member of Pre-Paid Legal, contact us at 1-800-464-2266.

If you are not currently a member, contact us at 1-800-600-1222.

If you feel you have been injured by Raptiva please consider and complete the questionnaire below.

Please telephone, email or fax your answers to:

Attorney Wayne Hassay
Maguire & Schneider, LLP
250 Civic Center Drive, Ste 500
Columbus, OH 43215

phone: 614-224-1222 or 800-600-1222
fax: 614-224-1236

whassay@ms-lawfirm.com

Name: ________________________________________________

Address: ________________________________________________

________________________________________________

E-mail Address:________________________________________________

Home Phone:______________________ Work Phone:____________________________

Social Security #:_______-_______-________ Date of Birth:______-_______-______

Date of Death (if applicable):___________________

Employer:________________________________ Job Title:____________________________

Employer Address: _______________________________________

_______________________________________

Number of Years Employed:___________________ Salary:_________________

Marital Status: Spouses Name:___________________________

Spouse's Social Security #:______-____-_______ Date of Birth:_______-_______-______

Spouse's Employer:______________________________ Job Title:___________________________

Spouse's Business Phone:_______________________________

Children (names & ages): ___________________________________

___________________________________

ALTERNATE CONTACT PERSON (Outside your household)

Name:_______________________________ Home Phone #:_______________

Email Address:________________________ Work Phone #:________________

Address:_____________________________________________________________________________

Relationship to you:____________________________________

MEDICAL HISTORY:

Date started Raptiva: ___/___/_____

Date discontinued Raptiva: ___/___/_____

Physician Name/Address who prescribed Raptiva: _________________________________________

____________________________________________________________________________________

Describe medical condition or reasons why you started Raptiva: __________________________________

____________________________________________________________________________________

____________________________________________________________________________________

What did the Physician tell you, if anything, about the risks of Raptiva: ___________________________

____________________________________________________________________________________

Name and address of all pharmacies where you had a prescription of Raptiva filled: _________________

____________________________________________________________________________________

____________________________________________________________________________________

Were you ever given Raptiva directly from the Physicians office: ___ yes ___ no

If yes, name/address of Physicians office: ________________________________________________

____________________________________________________________________________________

List all other medications you were taking when you were taking Raptiva: _________________________

____________________________________________________________________________________

____________________________________________________________________________________

Current Physician(s)/facilities treating you for injuries from Raptiva:_______________________

____________________________________________________________________________________

____________________________________________________________________________________
(name) (address)

Have you been diagnosed or experienced any of the following conditions:
if yes, mark one (1) if diagnosed before taking Raptiva; and two (2) if diagnosed during or shortly after taking Raptiva

Bacterial Sepsis ____yes ___no date of diagnosis ___/____/____

Viral Meningitis ___ yes ___ no date of diagnosis ___/___/___

Invasive Fungal Disease ___ yes ___ no date of diagnosis ___/___/___

PML ___ yes ___ no date of diagnosis ___/___/___

Other Infections ___ yes ___ no date of diagnosis ___/___/___

If so, what type of infection(s)________________________________________________

Any Immune Deficiency Disease ___yes ___no date of diagnosis__/___/___

If so, what type of disease(s)______________________________________

While taking Raptiva, did you ever experience the following conditions?

Weakness in one side of body _____yes ____no

Loss or Blurred Vision _____yes ____no

Fatigue _____yes ____no

Memory Loss _____yes ____no

Disorientation _____yes ____no

Loss of Balance _____yes ____no

Do you have any other health condition which you believe was caused by the medication Raptiva? If so,

state condition, symptoms and the date this occurred:______________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Did a Physician ever tell you that you were injured as a result of taking Raptiva: ____ yes ____ no

If so, when: ___/___/___

Family History: Mother, Father, Sisters, Brothers; Alive & Well?_____________________________

____________________________________________________________________________________

Major Illnesses among family members:__________________________________________________

____________________________________________________________________________________

Previous Illnesses/prior Hospitalizations:___________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Present Family Physician: (address & phone #):______________________________________________

____________________________________________________________________________________

Have you ever stopped to consider how long you or your parents have worked to build the value of your estates? That hard work can be significantly compromised when faced with the high cost of nursing home care.

Most people know they can rely on Medicaid to cover the cost of nursing home care but only after near exhaustion of their hard earned assets. The Deficit Reduction Act passed in 2006 made it even more difficult to qualify for Medicaid by including a five year look back period. It is commonly understood this look-back period requires all estate planning to occur at least five years prior to the need for Medicaid. However, with a proper understanding of the Medicaid code and the conforming Ohio statutes it may be possible to preserve more than half of an estate, even if nursing home care is needed within the next five years. In fact, effective planning might be possible even if a loved one is currently residing in a nursing home.

It is never too late to plan for long-term care. If you or your loved ones might be in need of long term nursing care please contact us immediately. We may be able to help preserve some of those hard earned assets.

If you are currently a member of Pre-Paid Legal contact us at 1-800-464-2266.

If you are not currently a member feel free to contact us at 1-800-600-1222.

By Keith Schneider, Partner at Maguire & Schneider LLP
Published in MY Business, The magazine from the National Federation of Independent Business

Background/Applicability
Prevailing wage (PW) laws require that workers on certain public construction projects be paid a specified minimum wage. Recently, Gov. Ted Strickland significantly expanded the prevailing wage guidelines to include even more types of projects. Among other applications, the new guidelines broaden prevailing wage to projects involving state support for environmental cleanup, as well as to the purchase of machinery and equipment with sate dollars. Even a privately financed factory may be subject to the prevailing wage laws if the machinery inside was purchased with public assistance.

Newly Issued Guidance Issued by Department of Commerce
Recently, the Department of Commerce has issued guidance to “clarify” when PW is triggered on privately funded construction activity as a part of a “public improvement project.” There is a presumption that PW applies to a privately funded construction project when it is “completed” within six months of publicly supported construction that is used to facilitate the use of the private construction project. For example, the department says that if the state of Ohio pays for a rail spur from the main rail line onto the property of X Corp, then X Corp constructs a warehouse within six months of the rail spur, PW applies to the entire warehouse construction. Another common example in which PW applies under the recent guidance is when private construction takes place on land that has been remediated of environmental hazards via public funds. PW will apply when public funds are used to support remediation of environmental hazards when a developer or end-user has been identified. However, if no developer or end-user has been identified at the time of remediation, then any privately funded construction on the remediated land will not be subject to PW.

Further, under the new guidelines, when public funds are used to support machinery and/or equipment being installed in a newly constructed or remolded private structure, PW presumptively applies. If the state provides cash for the installation of the machinery into a newly constructed plant, PW would be triggered for the entire project.

The next principle to be applied states that the primary purpose of publicly supported construction will be presumptively established by the facts and circumstances at the time the funds are committed. The department recognizes that the application of the PW is inherently fact-specific and will issue an early determination to any public authority whether or not PW applies to the particular project. The project developer may rely on the department’s determination as long as there are no fundamental substantive changes.

An Attempt to Kill Prevailing Wage
House Bill 243 has been drafted to amend the Ohio Revised Code in order to repeal the PW law. The bill is sponsored by Rep. Brinkman and cosponsored by Reps. John Adams, Lynn R. Wachtmann and Bruce R. Goodwin. If passed as introduced, the bill appears to repeal the PW law entirely.

In effect, the bill seeks to amend the Revised Code in a manner that would allow business to carry on as if PW is nonexistent. The PW repeal bill was introduced in the House May 30, 2007, and has not yet been voted on or introduced in the Senate. Currently there is no bill analysis or other available information to determine the support of the bill in the House or the Senate. The status of the bill can be checked at http://www.legislature.state.oh.us