Licensees may recover fees from their regulatory agency if a Court determines the agency was not substantially justified in initiating the matter in controversy. When we prevail at Administrative Hearings or in Court, Graff & McGovern evaluates a case to determine if it is suitable…
Graff & McGovern is continuing to operate during this difficult time. In doing so, we are taking steps to create a healthy work environment, including use of telephone, email and video conferencing, when possible, to reduce face to face interaction between our staff and/or our…
ABCnews.com reported on December 12, 2019, that Major League Baseball removed marijuana from its list of abuse, joining the National Hockey League as the only professional sports league to do so. The change will be made when spring training begins in 2020. According to Major…
On October 16, 2019, Federal Magistrate Judge William H. Baughman, Jr., denied a motion to stop the implementation of a new Ohio law affecting nearly every chiropractor in the state. First Choice Chiropractic, LLC, et al v Ohio Governor Mike DeWine, N.D. Ohio No. 1:19CV2010…
On September 26, 2019, the Tenth District Court of Appeals upheld a 2017 Common Pleas Decision in favor of our client, a standardbred trainer. The Appellate Court agreed with John Izzo that the Ohio State Racing Commission could not enforce a threshold against a trainer…
Chiropractors Chiropractor Michael T. Wilson was disciplined for advertising himself as a D.NMSc, DC. The law indicates that advertisements must clearly reveal he is a chiropractor. The Ohio State Chiropractic Board believed his use of the term was misleading, because D.NMSc is not a credential…
The State Medical Board of Ohio’s Medical Marijuana Expert Review Committee met on August 14, 2019. Quorum was not present to vote on a recommendation to the full Medical Board. Rather than deferring a vote, Medical Board President Michael Schottenstein enlarged the size of the…
The State Medical Board of Ohio has a statutory duty to consider requests to add a disease or condition as a qualifying medical condition for the purposes of recommending medical cannabis. The Medical Board promulgated rules in September 2017 which listed the process that it…
Ohio recently passed Sub. Senate Bill 263, the Notary Modernization Act. It will take effect on September 20, 2019. This will allow the Secretary of State to authorize notaries public who are Ohio residents to perform notarizations online using live video links, electronic signatures, and…
On May 20, 2019, Governor Mike DeWine signed Executive Order 2019-16D. The Governor created a working group to determine if the State Medical Board of Ohio thoroughly and properly investigated and responded to allegations of sexual abuse by Richard Strauss. The working group, however, ran…
