8 Mazanec, Raskin & Ryder Lawyers Named to 2020 Best Lawyers® List

MRR is pleased to announce that eight (8) lawyers have been included in the 2020 Edition of The Best Lawyers in America®, the oldest and most respected peer-reviewed publication in the legal profession. Lawyers on The Best Lawyers in America© list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.

MRR would like to congratulate the following lawyers named to the 2020 Edition of The Best Lawyers in America© list:

Elisabeth “Lisa” Gentile (Columbus), Medical Malpractice – Defendants; Personal Injury Litigation – Defendants; and Transportation Law

Doug Holthus (Columbus), Commercial Litigation; and Insurance Law

Thomas S. Mazanec (Cleveland), Product Liability Litigation – Defendants

John T. McLandrich (Cleveland), Civil Rights Law

Joseph F. Nicholas, Jr. (Cleveland), Transportation Law

George V. Pilat (Cleveland), Insurance Law

Stacy V. Pollock (Columbus), Education Law

Todd M. Raskin (Cleveland), Civil Rights Law – Lawyer of the Year

Founding Partner Todd Raskin Named Best Lawyers® 2020 Civil Rights Law “Lawyer of the Year” in Cleveland

Mazanec, Raskin & Ryder Co., LPA (MRR) is proud to announce that attorney Todd M. Raskin has been named Cleveland’s 2020 “Lawyer of the Year” in Civil Rights Law by Best Lawyers®. Only one lawyer in each practice area from each of the major metropolitan areas in Ohio is honored as “Lawyer of the Year.” Mr. Raskin is a three-time recipient of the “Lawyer of the Year” designation, having previously been named Civil Rights Lawyer of the Year for Cleveland in 2013 & 2017.  Best Lawyers compiles its lists of outstanding attorneys by conducting thousands of confidential peer-review surveys. Lawyers honored as “Lawyers of the Year” have received particularly high ratings by earning the respect of their peers for their abilities, professionalism, and integrity.

Mr. Raskin is a founding partner of MRR, which has offices in Cleveland and Columbus, Ohio. He has a diverse legal practice with an emphasis on civil rights and government liability defense, as well as the defense of employers, both public and private. He also has considerable experience in the defense of professionals including physicians, lawyers, architects, engineers, and behavioral health professionals. Mr. Raskin has successfully represented clients in state and federal courts throughout Ohio and surrounding states including the U.S. Court of Appeals for the Sixth and Third Circuits and U.S. District Courts in Colorado, Nevada, Michigan, and Ohio, as well as the Ohio Supreme Court.  He has tried more than 100 cases to conclusion in 39 years of private practice. Mr. Raskin has also earned an AV Preeminent rating from Martindale-Hubbell Law Directory and is an Ohio Super Lawyer in Municipal Law (2012-2019), as designated by Ohio Super Lawyers magazine.

Active in a number of professional organizations, Mr. Raskin is a member of the American Bar Association; the Ohio State Bar Association; the Cleveland Association of Civil Trial Attorneys; the Ohio Association of Civil Trial Attorneys; the American Board of Trial Advocates (ABOTA); the Association of Defense Trial Attorneys; the Defense Research Institute (DRI), the Professional Liability Defense Federation; the Federation of Defense and Corporate Counsel (FDCC); the Litigation Counsel of America (Fellow); and the Judicial Conference, United States Court of Appeals, Sixth Circuit (Life Member).

Paul-Michael La Fayette Recognized for Pro Bono Service by the Paralegal Association of Central Ohio

Congrats to Paul-Michael La Fayette for receiving the Paralegal Association of Central Ohio’s (PACO) Pro Bono Service Award for his years of volunteering and providing his professional and legal services (2013-2019) to those who are unable to afford them.

PACO (formerly known as Legal Assistants of Central Ohio) was established in 1995 to promote the interests of paralegals, foster relationships with the legal community, serve the public, advocate the Code of Ethics and Professional Responsibility, and endorse the mission of PACO.

Paul is a Partner in MRR’s Columbus office. He focuses his practice on professional liability defense, including the defense of dentists, physicians, real estate agents and attorneys. He represents several professionals in administrative licensure proceedings before their professional Boards. In addition to professional liability, Paul regularly represents governmental entities in litigation and as general counsel.

Paul has been selected as an Ohio Super Lawyer during each of the past seven years (2012-2019) in the primary practice area of professional liability. He is also an AV® Preeminent™ rated attorney by Martindale Hubbell.

 

 

 

MRR Continues Growth in Columbus with Addition of Former Ohio Supreme Court Justice Andy Douglas

Former Ohio Supreme Court Justice Assumes Of Counsel Role in Firm’s Columbus Office

Mazanec, Raskin & Ryder Co., LPA is pleased to announce that Former Ohio Supreme Court Justice Andy Douglas has joined the firm’s Columbus office as Of Counsel in the Public Sector & Business Law Groups. Douglas joins MRR to lend his extensive knowledge of the public and private sector landscape in Ohio, along with his depth and breadth of experience as an Ohio Supreme Court Justice, having served three terms on the high court from 1985 to 2002.

Joseph F. Nicholas, Jr., MRR President and Managing Partner said of Justice Douglas’ addition to the team, “Andy is very well known and highly respected for his deep and far-reaching understanding of the many types of issues faced by our public sector and business clients. We are honored to have him on board and look forward to be able to call on his knowledge and experience that will surely benefit our clients.”

His many accomplishments include serving as special counsel to the Attorney General of Ohio, nine-time elected Toledo City Councilman, as well as working as an adjunct assistant professor at Ohio Dominican College and the University of Toledo Community and Technical Colleges. Justice Douglas served in the U.S. Army Infantry and Signal Corps, from 1954-1956, where he obtained the rank of first lieutenant. He also was a partner with the law firm of Winchester & Douglas in 1960 where he practiced law in Toledo and Lucas County for 20 years, before being elected to the 6th District Court of Appeals in 1980.

Since 2009, Douglas has focused his practice on Complex Litigation, Business Law, and Public Sector Law.

He is a member of the Ohio State, Columbus, Lucas County, and Toledo Bar Associations, in addition to the American Judicature Society, National Political Honor Society, The North Toledo Oldtimers’ Football Association (Trustee), and The Old Newsboys Goodfellow Association. Douglas earned his law degree from The University of Toledo – College of Law.

Over the course of his three terms on the Ohio Supreme Court, Justice Douglas published more than 900 judicial opinions, and he was regarded by many of his colleagues in the legal profession as one of the most intelligent and best-prepared members of the high court during his service.

“His unique understanding of federal government and judiciary procedures along with his reputation within the State and Columbus area are strong assets for our firm,” said Doug Holthus, MRR’s Columbus Office Administrative Partner. “We are thrilled to have him on our team.”

Larry Stelzer joins MRR’s Columbus Office

MRR is pleased to announce that Lawrence J. Stelzer, Jr. (Larry) has joined the firm’s Columbus office, where he will focus his practice on Business & Commercial Law, Employment & Labor, and General Liability defense. Mr. Stelzer has extensive experience providing counsel on legal matters relating to civil litigation, business, insurance, employee benefits, and government affairs.

Prior to joining MRR, Larry served as the Vice President of Legal Affairs for InHealth Mutual; general counsel for Simplifi ESO, LLC; and general counsel for the Ohio Council of Retail Merchants.

Doug Holthus: FMLA Leave Must Run Concurrently With Other Forms of Paid Leave

Doug’s article was recently featured in Ohio Association of Civil Trial Attorneys (OACTA’s) 2019 Spring Quarterly Review :

U.S. Department of Labor: Opinion Letter / March 18, 2019: FMLA Leave Must Run Concurrently With Other Forms of Paid Leave.

Ah, the halcyon days of youth:

“I’m just a bill; yes, I’m only a bill, and if they vote for me on Capitol Hill, well then I’m off to the White House where I’ll wait in a line with a lot of other bills for the president to sign; and if he signs me, then I’ll be a law. How I hope and pray that he will, but today I am still just a bill.”

However, with the benefit of twelve years of primary education, four years of undergraduate studies (unless you were one of those fortunate few who permitted themselves a “Victory Lap”), six semesters of law school, a tedious, three day exam and so many years of practice, we realize the lyricist may have missed at least one additional stanza … unless, of course, that stanza was sacrificed as a compromise during Committee hearings:

“I’m now a law, yes I’m finally a law, and I thought I held the power of voice. But no one cared to tell me I’d be subject to interpretation and caprice and now there’s a letter from the Department Secretary; and if he decides what it is I’m really s’posed to mean then the winds of change may carry my voice away” …

Click here to enjoy the full article – Holthus ~ OACTA 2019 Spring Quarterly Review

MRR’s June 2019 Employment Law Bulletin: Are Your Websites ADA Compliant?

Check out MRR’s June 2019 Employment Law Bulletin, including:

  • Are Your Websites ADA Compliant?
  • Understanding Volunteers
  • Start Gathering Your EEO-1 Component 2 Data!
  • New MRR Attorney – Cynthia Sands spotlight

Ohio Adds New Exceptions to the Definition of “Public Records” Relating to Dash-Cam and Body-Cam Recordings

By: Ami Imbrogno

In this day and age, it seems that not a week goes by without turning on the evening news, logging onto Facebook, or firing up a YouTube application and seeing videos depicting police encounters with civilians.  Many of these videos are recorded on private cell phones and released by private citizens; however, some of these videos have been obtained by individuals, news sources, or other entities via public record request, the laws surrounding which are changing.

On January 7, 2019 Governor Kasich signed into law HB 425, “Declare police body camera recordings not to be public records,” to be effective April 8, 2019.  The law does not declare that all dash-cam and body-cam recordings are not public record, but instead declares that “restricted portions” of the recordings are not included in the definition of public record.  The law defines “restricted portions as the following:

  • The image or identity of a child or information that could lead to the identification of a child who is a primary subject of the recording when the law enforcement agency knows or has reason to know the person is a child based on the law enforcement agency’s records or the content of the recording;
  • The death of a person or a deceased person’s body, unless the death was caused by a peace officer or the consent of the decedent’s executor or administrator has been obtained;
  • The death of a peace officer, firefighter, paramedic, or other first responder, occurring while the decedent was engaged in the performance of official duties, unless consent of the decedent’s executor or administrator has been obtained;
  • Grievous bodily harm, unless the injury was effected by a peace officer or the consent of the injured person or the injured person’s guardian has been obtained;
  • An act of severe violence against a person that results in serious physical harm to the person, unless the act and injury was effected by a peace officer or the consent of the injured person or the injured person’s guardian has been obtained;
  • Grievous bodily harm to a peace officer, firefighter, paramedic, or other first responder, occurring while the injured person was engaged in the performance of official duties, unless the consent of the injured person or the injured person’s guardian has been obtained;
  • An act of severe violence resulting in serious physical harm against a peace officer, firefighter, paramedic, or other first responder, occurring while the injured person was engaged in the performance of official duties, unless the consent of the injured person or the injured person’s guardian has been obtained;
  • A person’s nude body, unless the person’s consent has been obtained;
  • Protected health information, the identity of a person in a health care facility who is not the subject of a law enforcement encounter, or any other information in a health care facility that could identify a person who is not the subject of a law enforcement encounter;
  • Information that could identify the alleged victim of a sex offense, menacing by stalking, or domestic violence;
  • Information, that does not constitute a confidential law enforcement investigatory record, that could identify a person who provides sensitive or confidential information to a law enforcement agency when the disclosure of the person’s identity or the information provided could reasonably be expected to threaten or endanger the safety or property of the person or another person;
  • Personal information of a person who is not arrested, cited, charged, or issued a written warning by a peace officer;
  • Proprietary police contingency plans or tactics that are intended to prevent crime and maintain public order and safety;
  • A personal conversation unrelated to work between peace officers or between a peace officer and an employee of a law enforcement agency;
  • A conversation between a peace officer and a member of the public that does not concern law enforcement activities;
  • The interior of a residence, unless the interior of a residence is the location of an adversarial encounter with, or a use of force by, a peace officer; and,
  • Any portion of the interior of a private business that is not open to the public, unless an adversarial encounter with, or a use of force by, a peace officer occurs in that location.

Those exceptions that allow disclosure upon receipt of consent of the subject may only be released with the consent if one of the following apply:

  • The recording will not be used in connection with probable or pending criminal proceedings; or,
  • The recording was used in connection with a criminal proceeding that has been dismissed or for which a judgment has been issued, and will not be used again in connection with any probable or pending criminal proceedings.

 The law also provides that if a public office denies a request to release a restricted portion of a recording, the requestor may file a complaint for mandamus with the court of claims, which will allow the release if it determines by clear and convincing evidence that public interest substantially outweighs privacy interests and other interests asserted to deny release.

Many of these components of the definition fall within other exceptions to public records and government entities are probably already withholding or redacting recordings that contain those components, such as confidential law enforcement investigatory records or information pertaining to the recreational activities of a person under the age of eighteen. However, government employees who handle the release and redaction of records should familiarize themselves with the new definition and continue to follow all other laws relating to public records.  For example, records should be redacted where possible and only fully withheld if redaction would create a substantial burden or would remove all value from the recording.

Government entities should also review their records retention schedules to make certain it addresses this type of footage.  They should remember that even if these materials are no longer public record, they could be relevant to future litigation.

Finally, the new law does not make it clear what procedures are required to be followed in obtaining “consent” to release records; it does not prescribe what lengths the government entity needs to go to in order to obtain consent or in which form the consent must be.  Those who obtain consent to release records should in the minimum ensure that consent is given knowingly and in writing.


For more information on this matter or any other civil rights and government liability questions, contact Ami at aimbrogno@mrrlaw.com or 440.505.2713.

Ami is an Attorney in MRR’s Cleveland office and focuses her practice on civil rights and government liability defense, employment and labor defense, public sector law, and education law.

 

George Pilat Of Mazanec, Raskin & Ryder Elected To Chair The Solon Chamber Of Commerce Board Of Directors For 2019

Mazanec, Raskin & Ryder Co., LPA (MRR) is proud to announce that attorney George V. Pilat has been elected Chair of the Solon Chamber of Commerce Board of Directors. Voting took place in December with officers beginning their term on January 1, 2019. The Solon Chamber serves as advocates for the business community by supporting and fostering vibrant economic growth. George has been a member of the Chamber’s Board of Directors since 2015, a Vice Chair since 2017, and has served on the Membership, Finance, and Governance Committees.

Mr. Pilat, a Partner at the firm’s Cleveland office, focuses his practice on business and commercial law, and insurance defense. He is Chair of the firm’s Business & Commercial Law Practice Group and Co-Chair of the Insurance Agents & Brokers Practice Group. He represents small and medium-size businesses and business owners as well as national and regional insurance companies, agencies, and agents, in all forms of transactional and litigation matters. George has also been selected as one of the “Best Lawyers in America” for 2018 and 2019 in the field of insurance law.

For over 30 years George has built up his role as the “Legal Business Advisor” to all his clients, helping them to properly structure their organizations and operations, identify and address risks and challenges they face, provide sound counsel advice, and develop and implement cost-effective solutions to run their organizations better.

In addition to his service with the Solon Chamber of Commerce, Mr. Pilat is also a member of the Cleveland Metropolitan Bar Association, Great Lakes Funding Network, and the Insurance Board of Northern Ohio (IBNO). George was also presented the “Friend of the Insurance Industry” award by the IBNO in 2013.

MRR announces 2019 Ohio Super Lawyers & Rising Stars

Mazanec, Raskin & Ryder Co., L.P.A., today announced that eleven of its Ohio-based attorneys have been selected to the 2019 Ohio Super Lawyers and Rising Stars lists. In the firm’s Cleveland office, Tom Mazanec, Todd Raskin, John McLandrich, Frank Scialdone, and Jeffrey Kay were named to the Super Lawyers list. Tami Hannon and Cara Wright were included in the ranks of Rising Stars. In the Columbus office, Doug Holthus and Paul-Michael La Fayette earned Super Lawyers honors, while Stacy Pollock and Chenee Castruita were named Rising Stars. Each year, no more than five percent of lawyers in the state are named to the Super Lawyers list, and no more 2.5 percent are selected to the Rising Stars list.

 

Tom Mazanec  is a founding partner of MRR and has played an essential role in establishing many of the firm’s practice specialties, since 1980. He serves as a lead trial attorney in both MRR’s Cleveland and Columbus offices. Mr. Mazanec has a diverse legal practice, with a special emphasis on liquor liability, professional liability, product liability, construction and wrongful death claims. He has handled liquor liability cases for more than 30 years and has tried numerous matters to verdict. He also has considerable experience in trying catastrophic injury and wrongful death cases as well as cases involving seven and eight figure exposure for his clients. He has tried cases in virtually every county in the State of Ohio with a special emphasis on catastrophic injury and wrongful death cases involving seven and eight figure exposures for his clients. In the area of professional liability, Tom defends doctors, lawyers, insurance agents, accountants, appraisers, home inspectors and other professionals against malpractice claims. He is a life-long resident of Ohio and has practiced in all 88 counties. Tom earned his Super Lawyer rating for his work on Product Liability, Construction, Liquor Liability and Wrongful Death: Defense.

 

Todd M. Raskin is a founding partner of Mazanec, Raskin & Ryder, Co., L.P.A., and is based in the firm’s Cleveland office. He has a diverse legal practice with an emphasis on civil rights and government liability defense, as well as the defense of employers, both public and private. He has tried more than 100 cases to conclusion in 35 years of private practice in many courts throughout Ohio and the Midwest and is a member of a number of professional organizations, including the American Board of Trial Advocates, the Association of Defense Trial Attorneys, the Federation of Defense and Corporate Counsel, and the Litigation Counsel of America. Todd has earned his Super Lawyer rating for 8 years in a row, beginning in 2012, for his work in State, Local & Municipal Law, Employment Litigation: Defense, and Professional Liability: Defense.

 

 

 

 

John T. McLandrich is a partner and Chairman of the Board. John’s practice focuses on the representation of municipalities, including defending cases on behalf of police and public entities accused of violations of civil rights and in employment matters. For over 30 years he has handled matters including claims of jail suicide, police pursuit, false arrest, excessive force by police officers, and failure to properly train police officers. He has represented civil defendants in federal and state courts throughout Ohio, serving as lead trial counsel. He has represented clients in class action matters, including municipalities relating to class action sewer cases. His appellate experience consists of handling and arguing matters before the Sixth Circuit Court of Appeals, where he has argued over 100 cases, as well as hundreds of cases before many of Ohio’s Courts of Appeal, including the Ohio Supreme Court, where he has won eight favorable decisions. John earned his Super Lawyer rating for his work in Appellate Law, State, Local & Municipal Law, and Civil Rights Law.

 

 

Frank H. Scialdone is a partner in the firm’s Cleveland office and focuses his practice on appellate advocacy in state and federal courts with an emphasis on employment law, constitutional torts (Section 1983), public entity defense, and insurance defense. He has handled more than 200 appellate cases in the Ohio Supreme Court, Ohio’s intermediate appellate district courts, and the Sixth Circuit Court of Appeals. He routinely consults with trial attorneys on error preservation and pre-appeal strategy. Frank has prosecuted and defended original actions (e.g., mandamus, prohibition, etc.) and has submitted amicus curiae (friend of the court) briefs on behalf of clients and organizations. He is one of the first attorneys to be certified as a specialist in appellate law by the Ohio State Bar Association. Frank has earned his 2019 Super Lawyer rating for his work in Appellate Law.

 

 

 

Jeffrey Kay is a partner in the firm’s Cleveland office and focuses his practice on civil rights and governmental liability, business and commercial law, and appellate law, with a concentration on civil litigation defense. He represents insurance companies/risk pools and their insureds with respect to both first and third-party claims, including employment discrimination, professional liability, municipal liability, automobile negligence claims, general commercial matters, bad faith claims, uninsured/underinsured claims, products liability, wrongful death claims, commercial premises liability claims, and property and casualty claims. He also has significant experience counseling clients in insurance coverage matters, including the securing of declaratory judgments on policy interpretations. Mr. Kay has successfully handled cases before state and federal administrative agencies, with a focus on representing clients before the Equal Opportunity Employment Commission (EEOC) and the Ohio Civil Rights Commission (OCRC). He has achieved success on behalf of his clients before state and federal appellate courts, having successfully argued cases before most of the Ohio Appellate Circuit Courts.

 

Tami Zupkow Hannon is a partner in the firm’s Cleveland office and is a listed Rising Star in State, Local & Municipal Law, Employment Litigation: Defense, and Civil Litigation: Defense. She focuses her practice on defending governmental entities, their employees and elected and appointed officials, particularly those in law enforcement and corrections. Tami also practices extensively in the field of employment law, providing personalized and comprehensive guidance to address not only the direct employment issue at hand but also the larger civil liability context. In addition to providing guidance during the critical decision making process, Ms. Hannon assists in later defending decisions should they be challenged before the courts or an administrative agency. She also provides timely and personalized training in various employment matters, and has experience under the ADA, ADEA, FMLA, FLSA, Title VII, and their state-law counterparts.

 

 

Cara M. Wright, a Columbus associate, represents counties, municipalities, and their employees in a variety of cases, including claims related to alleged violations of the United States Constitution, violations of Ohio’s public record laws, and state law tort claims. She has successfully defended clients in cases involving the use of deadly force, jail suicides, and claims that inmates were provided inadequate medical care while incarcerated in county jails. Cara also represents public and private employers in cases alleging employment discrimination.  Additionally, her experience includes representing professionals, including physicians, nurse practitioners, nurses, behavioral health specialists, accountants and attorneys, in claims of professional negligence. In addition to her representation of clients in state and federal court, she has also appeared in cases before the Ohio Civil Rights Commission and the U.S. Equal Employment Opportunity Commission. Cara earned the designation of Rising Star for State, Local & Municipal Law.

 

 

Doug Holthus, Administrative Partner for the firm’s Columbus office, is listed as a Super Lawyer for his work in Civil Litigation: Defense, Employment Litigation: Defense, Construction Litigation, and Civil Rights Law. His primary areas of focus are professional negligence defense, employment, civil rights and government liability, construction claims litigation and general liability matters. He has tried, advocated and or arbitrated nearly one hundred cases before civil juries, administrative licensing (and other) boards and arbitration panels in Ohio, Illinois and California, in both state and federal court. Among other professional and civic activities, Doug is actively involved as a volunteer for The Miracle League of Central Ohio, serves as a coach/advisor for the Bishop Watterson High School / Ohio High School Mock Trial Teams, is a Columbus Bar Foundation Fellow, is past-Chair of the Columbus Bar Association’s Professionalism Committee, and previously served as a Member of the Board of Directors of the Professional Liability Defense Federation.

 

 

Paul-Michael La Fayette is a partner in the firm’s Columbus office andconcentrates his practice on professional liability defense, including the defense of dentists, physicians, real estate agents and attorneys. He represents professionals in administrative licensure proceedings before their professional Boards. In addition to professional liability, Paul regularly represents governmental entities in litigation and as general counsel. He has extensive experience in representing clients in lawsuits involving professional malpractice, premises liability, contracts, employment, construction, civil rights, zoning, wrongful death and products liability.

 

 

 

 

 

Stacy V. Pollock, a partner in the firm’s Columbus office, focuses her practice on employment and labor law. She is a certified specialist in Labor and Employment and is a certified Professional in Human Resources. She advises public and private employers in matters involving leave and discipline issues, personnel policy matters, and labor negotiations and arbitrations. She has experience representing clients before various governmental administrative agencies including the Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, the State Personnel Board of Review, the State Employment Relations Board, and the Ohio Department of Education. Stacy also has considerable experience in education law, representing schools and school administrators in matters involving employee and student discipline.

 

 

 

Chenee Castruita is an associate in the firm’s Columbus office and focuses her practice in the areas of Civil Rights and Government Liability, Employment and Labor Law, and Insurance Coverage and Bad Faith claims. Prior to joining MRR, Chenee worked at a plaintiff’s personal injury firm where she gained extensive experience representing plaintiffs in medical negligence matters as well as experience representing injured workers in their workers’ compensation claims. In addition to her administrative experience representing clients at workers’ compensation hearings and appeals, Ms. Castruita has appeared before various Common Pleas courts in Central and Southern Ohio and has argued before the Tenth District Court of Appeals. Chenee earned the designation of Rising Star for her work in Personal Injury: Defense

 

 

 

Super Lawyers and Rising Stars have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. For more information about Super Lawyers, visit SuperLawyers.com.