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The statute of limitations in Ohio on legal malpractice claims is one year from the time the aggrieved party knew, or should have known, that the attorney committed malpractice, or from the time the attorney stopped representing the aggrieved party on that particular legal matter, whichever is later. O.R.C. 2305.11. However, Senate Bill 13 was recently passed in Ohio, and currently awaits the Governor’s signature. The Bill adds section 2305.117 to the Ohio Revised Code, and while the new section does not replace or negate 2305.11, it seeks to add a statute of repose, requiring all legal malpractice claims to be filed within 4 years, regardless of then the malpractice was actually discovered. Once signed into law, while the one year statute still applies, this will supplement the current rule in place.
Skyworks, Ltd. v. Centers for Disease Control & Prevention, No. 5:20-CV-2407, 2021 WL 911720 (N.D. Ohio Mar. 10, 2021) is a case of first impression for Ohio. While the Eastern District of Texas in Terkel v. Centers for Disease Control & Prevention, 6:20-CV-00564, 2021 WL 742877 (E.D. Tex. Feb. 25, 2021), found that the CDC Order to be unconstitutional, Skyworks holds that the “Centers for Disease Control and Prevention's orders—Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19, 85 Fed. Reg. 55,292 (Sept. 4, 2020) and Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19, 86 Fed. Reg. 8020 (Feb. 3, 2021)—exceed the agency's statutory authority provided in Section 361 of the Public Health Service Act, 42 U.S.C. § 264(a), and the regulation at 42 C.F.R. § 70.2 promulgated pursuant to the statute, and are, therefore, invalid.” The Ohio case focuses on statutory authority, while the Texas case focuses on constitutionality.
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