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BK Managing Shareholder David Betras provides insight/info on medical malpractice, insurance companies, flooding, during Free Legal Advice Monday broadcast on WFMJ Today

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OK, OK, it wasn’t exactly the first Monday of the month, but due to circumstances beyond our control BK Managing Shareholder David Betras spend the morning of April 13 answering questions from viewers on the set of WFMJ Today. You can watch the episode here.

He’ll be back on Monday, May 4, so if you have a question for David call 330-744-8821 during the show, DM us on our Facebook page, or email your question to wfmjtoday@wfmj.com David will be happy to help in any way he can.

Here are the interesting and informative queries he handled deftly during the broadcast…

Question 1: I’m wondering if there is anything I can about this. I had a breast cancer reconstruction surgery which my health insurance company refused to pay for. They said they didn’t cover it because it was coded as cosmetic surgery.

I contacted the doctor, the insurance company, and the hospital. The hospital denied that the procedure had been coded incorrectly. I appealed the Insurance company’s decision and they denied it again. As a result, I now have a $20,000 debt that’s been turned into collections.

I haven’t paid anything yet. Five years later they offered to settle for 10% There is more to the story, but any advice David can offer will be greatly appreciated.

David’s answer: I hate insurance companies. I would have fought the insurance company on her behalf. She could have filed suit against the insurance company. I’d have to see the policy, but this is ridiculous. It sounds like she had breast cancer and had a mastectomy or a partial mastectomy, and that’s part of the treatment. It’s not cosmetic. She’s not going in for a breast enlargement. She had the surgery because they removed a breast. It’s ridiculous. She still has time to hire an attorney and pursue this because the providers are continuing to attempt to collect their money.

Question 2: If I’m married and making my will but don’t want my partner to be the beneficiary of my estate, can I designate someone else to take charge of my belongings or does it have to be my spouse?

David’s answer: Unless you have a prenup, the law protects a spouse. So, if you make a will and try to cut out your spouse, she or he… can elect against the will because under Ohio law you must provide certain things for them.  So, you can’t cut them out altogether, but if you see a lawyer they will tell you what you must give them by law.

Question 3: My basement flooded due to all the rain we got recently. It has never happened before. I’m concerned it may have something to do with work the city is doing near their road. Who should I contact to look into this situation?  Should I contact an attorney or have someone do an inspection first?

David’s answer: I would get an inspection first. You have to determine where that water came from. I also suggest that they contact their council person to find out if the city or the contractor doing the work has insurance that would pay for the damage. If that doesn’t work, you could try to turn it into your homeowner’s insurance, but the insurer is going to want to know where that water came from. So, inspection first, city council person next. and your insurance company at the same time.

If you don’t get any relief it’s time to get a lawyer involved.

Question 4: I use a cell phone for work. Is it legal for a company to require me to add apps like a time clock or an app allowing them to contact you for work on your personal cell phone? Can I refuse to use my personal cell phone for work?

David’s answer: Yeah, but then they can fire you.  You have a fair point. If you don’t want them doing that, then just say you’re not going to do that, and then they can fire you, and there’s nothing you can do about it because Ohio is a will to work state.

That’s the way the cookie…

I hate these apps because I have so many passwords. A lot of times, you don’t go in and use the app, and then when you have to, if it didn’t recognize your face or something, I’m like, oh, God, what was the password on this? I can’t remember all these passwords. You’re going to reset it and say, oh, you can’t use a previous password. Yeah. Ah! We feel your pain. Honestly, these passwords are driving me nuts. Driving us all nuts.

Question 5: I bought cars for two of my family members. Both times, I have paid cash for the car. One time, it involved a trade-in. My question is, why do I have to pay a $300 to $400 documentation fee?

David’s answer: I don’t know why you’re paying a $300 to$400 documentation fee. Did you ask the dealership?

Caller: Well, no, unfortunately, I did not.

David: Well, I don’t think every dealership charges a documentation fee. There’s licensing fees and titles, but they’re not $300. I just bought a car. I didn’t pay any documentation fee. I always buy extra insurance on my wheels because I always hit my wheel rims. As it relates to this situation, I would go to the dealership and ask them what that documentation fee is’ what they charged you $300 for, okay?

Caller: Do I have any legal recourse?

David: I won’t know that until they’ll tell you what the documentation fee is for. And then if it sounds bogus, you can take them to small claims court for it.

Question 6: Can a landlord charge a pet deposit for an emotional support dog?

David’s answer: No. I don’t think so under the Americans with Disability Act. The dog is not a pet. It’s a service animal. So, I would contact the Ohio Attorney General and see if they can help you.

Question 7: Can you claim your children on taxes even if your kids are being taken care of by grandparents?

David’s answer: That’s better for an accountant, but if you have dependents and probably,unless the grandparents are taking the deduction, if they didn’t do anything formal through the courts they probably could still take the children as dependents.

Question 8: A person says their and their neighbor’s basements have flooded with sewage several times over the last 20 years. The city’s come out to take a look at the drains a few times, hired someone to inspect them who said the answer was inconclusive. They city keeps saying they’re going to fix the problem, but so far hasn’t. The person’s gone to city council meetings to complain. They were flooded again two weeks ago with heavy rain and more sewage water, which ruined more belongings.

So is the question: is there any way they can sue the city or take some sort of legal action to make tcity officials take the problem more seriously?

David’s answer: First, I would get an independent inspection to determine why this is happening.  If it is the city’s fault you may have recourse because they’ve been on notice about the problem.

You’ll want to turn this into your homeowner’s insurance, of course. But you want to make sure you get the problem fixed. So start by having an independent party diagnose the problem.

Question 9:  This person says a friend of hers lost her baby after a C-section when medical professionals neglected a fetal monitor that showed the baby’s heart had stopped. Twelve minutes went by before anyone did anything. In addition, sponges were then left inside of her, she got an infection she had to go back in and have them surgically removed. Does she have a medical malpractice case?

David’s answer: Absolutely she has a case. There’s definitely something wrong if the situation is as described. Please have your friend contact us at 330-746-8484 so we can talk to her and evaluate what happened. There’s no charge for initial consultations.

Tune in on  May 4 for the next episode of Free  Legal Advice Monday on WFMJ Today…

David Betras lauds Afroman as a hero of the First Amendment, explains why defamation suit filed against rapper was doomed

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In this episode of Legally Speaking on WFMJ Today, BK Managing Shareholder David Betras lends his unique perspective to the captivating case of Afroman, the rapper whose house was raided by the Adams County Sheriff’s Office.

Unfortunately for the deputies—and much to amusement of millions of people around the world—the entire incident, which included a rotund deputy longingly eyeing a piece of lemon pound cake on Afroman’s kitchen counter, was preserved for all time on the rapper’s extensive surveillance camera system. The raid produced no evidence of wrongdoing on Afroman’s part, who immediately did what he does best with the footage: use it as inspiration for a number of rap songs that were, shall we say, less than flattering to the deputies. The rapper’s creations went viral moments after he posted them on social media, eliciting worldwide scorn and derision for the deputies .

Unamused and totally lacking senses of humor—just as they had lacked evidence the Afroman was engaged in criminal acts—the deputies filed defamation suits against him in Adams County Common Pleas Court claiming they had been damaged by the videos. Among the damage: the deputy who eyed up the lemon pound cake received hundreds of them In the mail…

As David notes, the suit should have been summarily dismissed by they judge assigned to hear it. He didn’t and the case went to trial. After some testimony from the plaintiffs that was absolutely hilarious, the jury in the small rural county ruled in Afroman’s favor, proving, David observed that the Constitution is the Constitution and juror’s knew and obviously appreciated well-done satire when they saw it. And that, David said, was the key to the verdict in the case because satire is protected by the First Amendment. “I love this case because even in the smallest county in Ohio the jurors saw saw that this was really a ridiculous lawsuit.

David explained that the outcome of the case hinged on whether Afroman had libeled or slandered the deputies. A defendant is guilty of liable or slander if they knowingly made false accusations or statements about a person or persons and those parties suffered damages. Clearly, Afroman didn’t make any false accusations, everything the deputies did was caught on tape.

In addition, in 1988 the United States Supreme Court ruled unanimously in Hustler v. Falwell that ruled that the First Amendment prohibits public figures from recovering damages for emotional distress caused by parody or satire, even if it is “outrageous.” The deuputies were clearly public figures and Afroman’s work was indisputably satire. That’s why the judge should have tossed the case out of court immediately.

Fortunately, the jury corrected his error. So, to sum up, at the end of the day justice was done, the deputies who participated in the raid were justifiably embarrassed, and Afroman became an international superstar. And people ask me why I love the law…

Tis the season to review Betras Kopp’s winter driving tips…

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Just in case you haven’t looked outside yet, our “Three Ps” of safe winter driving tips will be extremely relevant and useful over the next couple of days.

Please be careful on the roads, and remember, if someone who isn’t driving safely runs into you or a member of your family, contact Betras, Kopp & Markota right away to arrange a free consultation to discuss your accident. Our experienced team of investigators and attorneys will evaluate your case, provide rock-solid advice, and fight to get the money your family needs and deserves.

So call the LOCAL law firm big enough to win millions from the insurance giants: BetrasKopp.

SAFETY ON WINTER ROADS

Bad roads can lead to bad wrecks. Driving on snow-covered, icy roads is tricky—even for those of us who have been doing it for decades. In order to help drivers avoid accidents, the National Highway Transportation Safety Administration and OSHA have developed the “Three Ps” of winter driving safety:

PREPARE for the trip. PROTECT yourself. PREVENT crashes on the road.

Some of the advice is pretty obvious—like making sure all the ice and snow is scraped off all your windows before you head down the road. But even though common sense dictates that being able to see is critical to safe driving, we’ve all seen people weaving around as they peer out of the very small space they’ve cleared on their windshield that looks like a porthole on a tank’s gun turret. There’s only one difference: a car isn’t a tank rolling through woods, it’s a car lurching down a road crowded with other vehicles that can be hit because the driver can’t see them, lane lines, traffic signals, or stop signs. So let’s start with the obvious, clear off all your windows, it’s a great way to prevent collisions. We’re talking to guys in particular because as the graphic shows, men are a lot more likely to drive in cars with ice-covered windows than women…

Here are the rest of NHTSA’s “Three Ps:

PREPARE

Maintain Your Car: Check battery, tire tread, and windshield wipers, keep your windows clear, put no-freeze fluid in the washer reservoir, and check your antifreeze.

Have On Hand: flashlight, jumper cables, abrasive material (sand, kitty litter, even floor mats), shovel, snow brush and ice scraper, warning devices (like flares), and blankets. For long trips, add food and water, medication, and cell phone.

Plan Your Route: Allow plenty of time (check the weather and leave early if necessary), be familiar with the maps/ directions, and let others know your route and arrival time.

Practice cold weather driving when your area gets snow — but not on a main road. Until you’ve sharpened your winter weather driving skills and know how your vehicle handles in snowy conditions, it’s best to practice in an empty parking lot in full daylight. Note our emphasis on the word “empty.”

Know what your brakes will do: stomp on antilock brakes, pump on non-antilock brakes.

Stopping distances are longer on water-covered ice and ice.

Don’t idle for a long time with the windows up or in an enclosed space.

PROTECT YOURSELF

Buckle up and use child safety seats properly.

Never place a rear-facing infant seat in front of an airbag.

Children 12 and under are much safer in the back seat.

Stopped or Stalled? Stay in your car, don’t overexert, put bright markers on antenna or windows and shine dome light, and, if you run your car, clear exhaust pipe and run it just enough to stay warm.

Don’t idle for a long time with the windows up or in an enclosed space.

PREVENT CRASHES

Drive slowly. It’s harder to control or stop your vehicle on a slick or snow-covered surface. On the road, increase your following distance enough so that you’ll have plenty of time to stop for vehicles ahead of you.

A word of caution about braking: Know what kind of brakes your vehicle has and how to use them properly. In general, if you have antilock brakes, apply firm, continuous pressure. If you don’t have antilock brakes, pump the brakes gently.

Stay calm and ease your foot off the gas while carefully steering in the direction you want the front of your vehicle to go if you find yourself in a skid. Stay off the pedals (gas and brake) until you are able to maintain control of your vehicle. This procedure, known as “steering into the skid,” will bring the back end of your car in line with the front.

Drugs and alcohol never mix with driving.

Texting while behind the wheel is especially dangerous in winter conditions. Put your phone down.

IF YOU ARE INVOLVED IN AN ACCIDENT CALL BK

Here’s one more tip: even though you do everything right, someone who does just one thing wrong in icy conditions can cause an accident in the blink of an eye. If you’re involved in a wreck caused by a careless or distracted driver contact BetrasKopp BEFORE you talk to an insurance agent or adjuster. We’ll arrange a free consultation that will give us the opportunity to evaluate your case and provide you with sound advice that will protect your rights and your ability to secure justice and the financial settlement you and your family need and deserve.

For more information, check out NHTSA’s interactive winter driving safety website by clicking here.

Tallie Orengia dominates Heart of a Champion pigskin prognosticator contest in Week 1…

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What can we say?
The results are in for Week One and Tallie Orengia, the newest member of the BK squad breaks out  on top followed by Mark the Shark DeVicchio.
Meanwhile, the Commodore’s ship has run aground, anchored in the muck by a sea of bad picks.
Check out tne next HOC broadcast on Friday, September 12…

HOC Week One Show
t’s the program you’ve all been waiting for…

BK’s pigskin prognosticators are back on the air for the second exciting and entertaining season of the Coach John Kopp Heart of a Champion Show.
This year we’ve added a new expert to the lineup: Attorney Tallie Orengia who, along with defending ’24–’25 champion Jim Melfi opened the season 2-0 while the Commodore, Daniel “Kid” Leslie, and Frank Cassese went 0-2 and Mark the Shark DeVicchio posted a 1-1 mark.
Just as an FYI, the Commodore in a move that was based more on strategy than football knowledge, picked the same teams as Jimmy Melfi.
This week the crew picks six games, Mooney v. Canfield and five NFL contests. Check our Facebook page on Monday for the results.
As always, if you enjoy our content, mash the Subscribe, Like, and Share buttons with as much ferocity as the Buckeyes mashed the Longhorns last week in the Shoe…

Corporate greed, regulatory failures responsible for hundreds of deadly big rig accidents each year, Betras Kopp is fighting to make the roads safer by holding truckers accountable

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Attorney David Betras
BK Managing Partner David Betras

Since MahoningMatters offered me the opportunity to grace their website with this column each week, I’ve addressed everything from COVID to corruption, distracted driving to democracy and dozens of topics in between. But if pressed to pick the most important subject I write about, is highlighting the role personal injury attorneys and the civil justice play in saving lives, preventing injuries, and making our nation and our world safer places to live, work, travel, and play would be numero uno on my list.  

Over the years I’ve shined a spotlight on exploding Pintos, Boeing’s fatally flawed Max 8, lethal medical devices and drugs, cigarettes, and myriad other products and practices that sowed carnage, death, and destruction across the land. As my regular readers know, there is a common thread that runs through these largely avoidable tragedies. They were all the result of corporate greed, cost-benefit analyses that placed corporate profits above the value of human life, regulatory failures, secrecy and lies, suppression and persecution of whistleblowers, as well as influence peddling and lobbying by business interests and trade groups.  

And there is one additional point of commonality: the human toll associated with each of these deplorable episodes: the number of people hurt and killed would have been exponentially higher if lawyers like me, my partners, and the other members of the trial bar had not taken on the difficult and expensive task of suing the largest corporations in the world and winning large settlements for victims and families that forced businesses to make products safer or remove them from the market altogether.

I’m revisiting the topic today because America’s Dangerous Trucks, a recent episode of PBS’ outstanding Frontline documentary series clearly shows that corporate greed and the other factors that have put Americans needlessly at risk for decades are at play in the trucking industry. The film opens at the side of the road near the spot where 16-year-old Riley Hein burned to death when his car slid under and was pinned beneath the back wheels of a 40” trailer.

After losing Riley, his father Hunter learned what we do in the course of the documentary:  Riley and the hundreds like him who perish in what are known as “underride” crashes each year did not have to die. Those killed include Marianne Karth’s daughters AnnaLeah and Mary who lost their lives when the car in which they were riding was pushed under one truck after being hit by another. In the wake of the tragedies the families found that the trucking industry had been battling against underride crash safety measures proposed by the National Highway Transportation Safety Administration (NHTSA) since 1981.

They also discovered that NHTSA, like the Federal Aviation Administration (FAA) which is responsible for aviation safety, is a captive agency controlled and dominated by the very industries it is charged with regulating, and that NHTSA uses an economic formula to determine whether to impose new safety standards. If the cost equals more than $12.5 million for each life saved, it won’t be adopted. That’s the same type of cost-benefit analysis Lee Iacocca and Ford made when they decided to sell exploding Pintos.

I hope you share my disgust with the fact that the price of a human life was calculated by the government agency that is supposed to keep our highways safe rather than a profit-driven corporation. 

Which is not to say that the trucking industry and its trade group, the American Trucking Association (ATA) don’t have blood on their hands. Not only did they stop NHTSA from strengthening rear and side collision guards that would reduce the severity of underride crashes—a step that would add less than $250 to the cost of a trailer, they have kept truck safety legislation bottled up in Congress, and launched a successful campaign to convince state legislatures across the county to enact laws that will make it more difficult to hold truckers accountable for the deaths and injuries that occur when big rigs collide with passenger vehicles and motorcycles. Yes, it’s the big rig version of tort reform.

At the end of the film, we learn that the Hein’s sued the company that owned the truck that caused Riley’s death. In 2019 a jury awarded them $19 million—a figure that caught the attention of trailer makers and truckers, many of whom, in yet another demonstration of the power of the civil justice system, began installing improved rear and side underride guards.

Despite that important victory, Hunter Hein remains concerned. “You know, Riley was killed in 2015. We’re seven and a half years into this fight. It’s hard to just sit and watch and wait and hope that NHTSA will do the right thing. It’s really frustrating.”

“It’s very hard to get this agency to actually adhere to their mission to save lives. I mean, I’m an optimistic person, but I’m cautiously optimistic. I still think that the industry has a lot of power and a lot of undue influence with NHTSA. And it is incumbent, I think, upon all of us advocates and people that are very concerned about how many people are dying from side underride crashes to keep the pressure on NHTSA.”

I agree, and we should all demand that the agency free itself from the influence of the auto and trucking industries and begin to do its job.

SuperLawyer Jacklyn Soroka joins Betras Kopp legal team as firm expands to Florida’s east coast

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In this edition of Legally Speaking on WFMJ Today BK Managing Partner David Betras introduces Attorney Jacklyn Soroka, the newest member of the Betras Kopp Legal team. Attorney Soroka practices marital and family law in Florida. During the segment she and David discussed the significant differences between the laws that govern marital and family law in Florida and Ohio and announced that BK will now maintain an office in West Palm Beach.
Attorney Soroka has earned the highly coveted “SuperLawyer” designation and is a member of the Florida Bar, the Palm Beach County Bar Association, the American Bar Association, the Florida Association of Women Lawyers Palm Beach County Chapter and the Susan Greenberg Family Law American Inns of Court of the Palm Beaches.
Ms. Soroka received her Bachelor of Arts degree from the University of Central Florida – Burnett Honors College and obtained her Juris Doctor from the Florida International University College of Law. In law school, she interned for a renowned judge in the 11th Judicial Circuit of Florida Family Court. She went on to serve as a felony assistant public defender at the Miami-Dade County Public Defender’s Office in the 11th Judicial Circuit.
Honored for her exceptional work in helping those who need it the most, Ms. Soroka was awarded with the 40 Under 40 Outstanding Lawyers of South Florida award by the Cystic Fibrosis Foundation. She also worked at the Lawyers for Children America, a nonprofit organization that advocates for and protects the rights of children. At The Florida Bar, Ms. Soroka was a member of its Legislative Committee, the Children’s Issues Committee, the Membership Committee, the Equitable Distribution Committee, the Sponsorship Committee and the Continuing Legal Education Committee.
Lady justice with a colorful sky behind her

Attorney Frank Cassese secures acquittal in aggravated murder case, says verdict proves the criminal justice system works

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Attorney Frank Cassese

Attorney Frank Cassese, leader of Betras Kopp LLC’s (BK) Criminal Defense Practice Group, said today’s acquittal of Daundre Turner on charges of aggravated murder, murder, and robbery, demonstrates the value and effectiveness of the criminal justice system. A Mahoning County Common Pleas Court jury returned the not guilty verdicts after deliberating for six hours.

Mr. Turner was accused of the 2016 killing of Omar Croom on Youngstown’s Eastside. Youngstown Police detectives who investigated the crime at the time did not have sufficient evidence to recommend charges be brought against Mr.Turner. He was arrested, charged, and jailed in early 2023 when a different YPD officer reopened the cold case.

According to Attorney Cassese, the prosecution’s case was based on statements offered by Ranee Fitzgerald, Mr. Turner’s spouse who was charged with complicity to aggravated murder in Mr. Croom’s killing. She waived spousal privilege and testified against her husband during the trial. “The prosecution did a very professional, thorough job with the evidence they had, but at the end of the day, they simply could not convince the jury my client was guilty beyond a reasonable doubt.”

BK Managing Partner David Betras said the outcome of the case was determined by two factors: Attorney Cassese’s ability to identify and select jurors who would listen to the evidence with an open mind and his devastating cross examination of Fitzgerald. “Time after time, Frank pointed out inconsistencies and conflicts in her testimony that raised serious doubts about her veracity and credibility,” Atty. Betras noted.

“This verdict underscores the important role preparation, skill, knowledge, instinct, and sheer talent play in criminal trials,” he continued. “Frank spent hundreds of hours examining the evidence and statements the prosecution would offer at trial, preparing for jury selection, and crafting the questions he asked during cross examination—questions that determined the outcome of the case.”

“I’m extremely pleased by the verdict and gratified that Mr. Turner, who has been incarcerated in the Mahoning County jail while awaiting trial was set free today,” Atty. Cassese. “Along with our commitment to doing whatever is necessary to seek and secure justice for our clients, the entire BK team believes the cornerstone of the justice system is the American jury. Today, our faith in that system was validated.”

FTC strikes blow for economic freedom by banning non-compete clauses

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Attorney David Betras

BKM Managing Partner David Betras

Nearly every Thursday evening for more than 30 years I’ve hosted “Legally Speaking” on WKBN 570. During the program, which is now also aired live on our Facebook page, YouTube channel, and Instagram, I and attorneys from my firm answer listener questions, dispense sage, insightful, and free legal advice, and engage in entertaining and informative banter about various aspects of the law.

Over the course of the approximately 1,500 episodes that have been broadcast some issues have been raised so many times they’ve made it onto the Legally Speaking “greatest hits” list. They include disputes among neighbors related to property damage caused by trees and tree branches that crash to earth, domestic relations disputes, disputes among heirs, whether local governments can be forced to pay for flat tires and ruined wheels caused by potholes, and the enforceability of employment non-compete agreements.

That non-competes are a frequent topic of discussion on the show may come as a surprise to some. It shouldn’t. According to the Federal Trade Commission (FTC), 30 million people or one in five American workers are bound by restrictive agreements that trap them in jobs they no longer want or prevent them from accepting new positions that offer better pay and working conditions.

And, as this compelling video and the desperate people who call Legally Speaking make clear, the agreements rob everyone from CEOs, to tech workers, to salespeople, to hair stylists of their freedom to choose where and by whom they are employed. Originally intended to prevent CEOs and other executives from stealing trade secrets, studies show that millions of low paid workers like janitors, cooks, and waiters, are subject to the agreements even though they have no access to trade secrets or confidential corporate information.

We’re often asked if Ohioans can be forced to sign non-competes as a condition of employment and once signed if they can be enforced. The answer to the former question is yes, people may be forced to sign the agreements as a condition of employment. The response to the latter is more complicated. Non-competes are enforceable if a judge finds they are “reasonable” under this three-part test that was developed by the Ohio Supreme Court. To pass the test, agreements must not:

  • Be greater than necessary to protect the employer’s legitimate business interests
  • Impose undue hardship on the employee
  • Be injurious to the public

But, as we tell those who call us to seek advice, challenging a non-compete can be a costly and time-consuming endeavor that most workers who find themselves chained to a job are unable to afford, a fact that adds to the fundamental unfairness of a situation that robs Americans of their basic economic rights.

Fortunately, and in an action that proves government can actually solve problems, the FTC enacted a nationwide ban on new non-competes by a 3-2 vote on April 23. The action came two years after President Biden urged Commission members to “curtail the unfair use of the agreements.” More than 26,000 people submitted public comments about the proposed rule during the time it was under consideration.

“Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned,” FTC Chair Lina M. Khan said in a statement issued following the vote. “The FTC’s final rule…will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market.”

Predictably, the U.S. Chamber of Commerce which had vehemently opposed the ban, decried the vote and said it would sue to block imposition of the rule because it would “undermine American businesses’ ability to remain competitive.”

I’m not quite sure how empowering a hair stylist in Toledo to work in a salon where she can make more money or enabling an auto mechanic to accept a better paying job will undermine the American economy, but in my opinion freeing millions of Americans to pursue their careers and their dreams is worth the risk.

David Betras, Brian Kopp announce plans for continued growth as their law firm marks 25th anniversary

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Attorneys David Betras and Brian Kopp marked the 25th anniversary of the founding of one of the region’s most respected and successful law firms by reaffirming their commitment to the communities they serve and unveiling a comprehensive plan that will ensure the continued growth of their multi-disciplinary, multi-state practice which will now operate under the name Betras¨ Kopp LLC.

The firm was founded in 1999 when Betras, who began practicing law with his father Joe and Uncle Pete after graduating from Capital University Law School in 1985 and Kopp who had just completed a Federal Clerkship with United States District Court Judge Peter C. Economus decided to strike out on their own. In addition to building a thriving practice in the Mahoning Valley, Kopp spearheaded both the firm’s expansion into Tampa and Sarasota, Florida, and the impressive growth of BK’s complex corporate litigation and sports law practice. Attorneys Betras and Kopp have both earned the prestigious “SuperLawyers” designation.

The partners recently began implementing their plan for growth by adding attorneys Frank Cassese and James Melfi to the firm’s roster of outstanding lawyers. Attorney Cassese, who graduated from Cardinal Mooney High School and Ohio State University before receiving his law degree from Cleveland Marshall School of Law in 2015, will focus on civil and criminal litigation. Attorney Melfi, a graduate of Girard High School and Miami University (OH), received his Juris Doctorate from Capital University Law School in 2019. He is licensed to practice in Ohio and Florida and is a member of the firm’s Complex Litigation Practice Group.

“In addition to impressive legal skills and credentials, Frank and Jim bring an incredible amount of energy to the firm,” Attorney Betras said. “They are eager to learn, possess strong work ethics, and are more than willing to put in the long hours it takes to seek and secure justice for our clients.”

“Adding these two talented attorneys to our team will enable us to significantly expand the firm’s professional and geographic reach and maintain the strong presence we have in our existing markets,” Attorney Kopp, leader of BK’s complex litigation and sports law practice groups said. “David and I are pleased Frank and Jim \joined the firm and excited about the prospect of working and growing with them in the years ahead.”

According to Atty. Betras, the growth strategy also includes rebranding the firm. “Over the past 25 years we’ve operated under a number of iterations of Betras, Kopp and someone,” he said. “Every time we changed the name we had to go through the costly and time-consuming process of changing everything from our letterhead to our TV ads, to our digital platforms, to our business cards, to our corporate registrations. It’s a process we do not want to repeat multiples times as we expand in the years ahead.”

“So, we decided to do it one more time and build off Betras and Kopp, the names that are at the core of our corporate identity,” Betras continued. “We’ve changed the firm name to Betras¨ Kopp LLC Attorneys at Law and have adopted a new, clean, modern logo. Our website URL is now www.betraskopp.com, we’re producing new TV ads, revising and upgrading our digital platforms and content, and taking all the steps necessary to inform our clients, the legal community, and the public about our new brand.”

While the makeup of the firm and its name are changing, one thing remains constant: David Betras’ and Brian Kopp’s commitment to their hometown. “For nearly a century residents of the Valley have relied on us to meet their legal needs,” Betras said. “It started in 1929 when my Uncle Pete opened a small law office in downtown Youngstown. When my dad, Joe, returned from serving in World War II, he used the GI Bill to go to law school and joined him. After being immersed in the law our entire lives my cousin Brian and I launched our first firm in 1999, and now, a quarter-century and thousands of satisfied clients later, he and I are writing a new chapter in our family’s legal legacy.”

BKM Managing Partner David Betras scores a big win for Trumbull County Commissioner Niki Frenchko, democracy, and Constitutional rights in federal court…

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Federal Judge rules Trumbull County officials repeatedly violated Niki Frenchko’s Constitutional rights, Commissioner vows to continue fight for government accountability and transparency

BKM Managing Partner David Betras and Trumbull County Commissioner Niki Frenchko

“Here in America, we do not arrest our political opponents.” Those tens words comprise the first sentence of a scathing 81-page opinion in which U.S. District Court Judge J Philip Calabrese found that Trumbull County Commissioners Frank Fuda and Maro Cantalamessa, Trumbull County Sheriff Paul Monroe, and Trumbull County Sheriff deputies Harold Wix and Robert Ross willfully violated Commissioner Niki Frenchko’s rights under the First and Fourth Amendments to the U.S. Constitution when they repeatedly attempted to silence her and prevent her from representing the interests of her constituents.

The ruling comes in a federal civil rights lawsuit filed on Commissioner Frenchko’s behalf in March of 2023 by Attorneys David Betras and Matt Miller-Novak formerly of Austintown, Ohio who now practices in Cincinnati. In the suit they alleged that Commissioner Frenchko’s arrest during the July 7, 2022 Trumbull County Commissioners meeting was a “…ruthless false arrest intended to punish a political adversary for criticizing the County Sheriff…” In addition to finding that the five defendants had indeed violated Commissioner Frenchko’s rights, Judge Calabrese also stripped them of their sovereign immunity which means they can be held individually liable for monetary damages.
“I was compelled to file this suit because if public officials can use their offices and power to silence me, they can do it to anyone,” Commissioner Frenchko said after the decision was announced. This is a tremendous day for freedom of speech, the rule of law, and democracy,” “The people of Trumbull County elected me in 2020 because I promised to bring transparency and accountability to county government. When I kept my word, I was harassed, assaulted, and ultimately arrested, but I would not be intimidated. Today’s ruling both vindicates what I have done in the past and gives me the strength to continue fearlessly doing the people’s business in the months and years ahead.”
“I said at the time that this incident was a scene out of Russia and other dictatorships where despots like Vladmir Putin and Syria’s Bashar al-Assad routinely arrest and jail their political opponents,” Atty. Betras said. “But there it was, live on Facebook, an elected official arrested and silenced by her political enemies for exercising her First Amendment rights. It was absolutely chilling and I and Commissioner Frenchko are truly grateful that those who committed these vile acts are now being held accountable. This decision sends a loud and clear message: political oppression is not acceptable in the United States.”
Check out media coverage of the case on these outlets: