Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Thursday, June 09, 2005

Supreme Court of Ohio Case Announcements and Administrative Actions - 6/9/2005

Here is the link.

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Governor Taft's News Release on the BWC

Here is the link.

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Toledo Blade Reports on the Latest Developments in the Investment Scandal

Here is a link to the article.

For those who don't want to follow the link, here are the highlights:

- Gov. Bob Taft’s office learned seven months ago — not this week — that the Ohio Bureau of Workers’ Compensation had lost $225 million in a high-risk investment.

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In an Oct. 26, 2004, e-mail to Taft aide James Samuel, the bureau’s administrator-CEO, James Conrad, wrote that the “entire value” of the portfolio managed by MDL Capital Management was down about $225 million. Astoundingly, Conrad also reported that the BWC had rejected a request from MDL for an additional $25 million.

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Mark Rickel, the governor’s press secretary, said Mr. Taft did not see Mr. Conrad’s e-mail, was not told about it by Mr. Samuel, and Mr. Conrad did not talk to the governor about it.

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Attorney General Jim Petro yesterday said the bureau “dropped the ball” last October when the agency asked the attorney general’s office to appoint a special counsel to “review the activities” of MDL.

This amazing story continues to gather steam as people attempt to cover their own posteriors and deflect blame upon others.

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Ohio Investment Scandal Timeline

Ohio News Network offers this timely piece of information.

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Wednesday, June 08, 2005

New Bill Introductions

HB 290 ELECTION ADMINISTRATION (Fende) To establish the State Board of Elections to administer elections conducted in this state. Am. & En. 3501.04, 3501.05 & 3501.041 Full Text

HB 291 NOWACKI HIGHWAY (Fende) To designate a portion of State Route 44 within Lake County as the "Andy Nowacki Memorial Highway." En. 5533.91 Full Text

HB 292 TOWNSHIP SPEED LIMITS (Schaffer) To establish procedures for a board of township trustees to alter the prima-facie speed limit on any township road. Am. 4511.21 Full Text

HB 293 HOMESTEAD TAXES (Kilbane) To authorize boards of county commissioners to establish property tax payment linked deposit programs to assist senior citizens and permanently and totally disabled citizens in paying property taxes on their homesteads. Am. & En. 135.353, 135.804, 135.805, 135.806 & 135.807 Full Text

HB 294 EXPEDITED FORECLOSURES (Kilbane) To provide an expedited foreclosure procedure for lands that have had delinquent tax charges for a specified number of years that are not occupied. En. 323.65, 323.66, 323.67, 323.68, 323.69, 323.70, 323.71, 323.72, 323.73, 323.74 & 323.75 Full Text

HR 66 TAKE THE STAIRS DAY (Carano) Designates May 15 as "Take the Stairs Day." Full Text

HCR 19 SUDAN (White) To focus on the Darfur genocide, which the U.S. Department of State has concluded is genocide, occurring n the Darfur region of Sudan, to encourage the U.S. to continue its support of humanitarian efforts in and contributions of humanitarian aid to the region; to encourage the U.S. to lead multilateral efforts to bring those responsible for the egregious human rights violations to justice and to encourage Ohio companies and institutions, multinational corporations operating in Ohio and agencies and political subdivisions of the state to divest themselves of interests in any companies that conduct business in Sudan. Full Text

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Supreme Court of Ohio Decisions - 6/8/2005

Wednesday, June 8, 2005

2004-1269. State ex rel. Eckerly v. Indus. Comm., 2005-Ohio-2587.
Franklin App. No. 03AP-621, 2004-Ohio-3934. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2587.pdf
Workers’ compensation—Temporary total disability compensation—Abandonment of employment—Ineligibility of claimant who is unemployed at time of recurrence of disability—Prior temporary return to workforce immaterial.

2004-1822. Columbus Bar Assn. v. McCorkle, 2005-Ohio-2588.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-030. James McCorkle, Attorney Registration No. 0019801, is indefinitely suspended from the practice of law in Ohio.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2588.pdf
Summary: Two Attorneys Indefinitely Suspended

2004-1823. Cleveland Bar Assn. v. Kirsh, 2005-Ohio-2589.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-034. S. Martin Kirsh, Attorney Registration No. 0007868, is indefinitely suspended from the practice of law in Ohio.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2589.pdf
Summary: Two Attorneys Indefinitely Suspended

2004-2076. Columbus Bar Assn. v. Shay, 2005-Ohio-2590.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-019. William Michael Shay, Attorney Registration No. 0002823, is publicly reprimanded.
Resnick, Pfeifer, Lundberg Stratton and O'Donnell, JJ., concur.
Moyer, C.J., O'Connor and Lanzinger, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2590.pdf
Attorneys at law — Misconduct — Public reprimand — Neglect of entrusted legal matter —
Failure to seek client’s objectives — Failure to carry out contract of employment —
Prejudicing client.

2004-2103. State ex rel. Jaffal v. Calabrese, 2005-Ohio-2591.
Cuyahoga App. No. 85408, 2004-Ohio-6616. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2591.pdf
Appellant had adequate legal remedy through ordinary course of law to review of alleged
sentencing error — Court of appeals’ judgment denying writ of mandamus affirmed.

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What's Next for the BWC?

This tale of woe continues for the citizens of the state of Ohio. With the news of authorities seizing 3,500 bottles of wine, 265 cigars, hundreds of rare coins, computers and documents from a former employee of coin dealer Tom Noe in the latest news from the coin fund situation that is now reaching scandal proportions, news now reaches the Buckeye citizenry that there was a $215 million loss in connection with a "hedge fund" last year.

The Toledo Blade reports that both Governor Taft and Attorney General Petro knew of the loss last year, but say that they did not not know the full extent of the loss until yesterday.

Tina Kielmeyer, the Ohio Bureau of Workers' Compensation's interim director, informed Gov. Bob Taft of the losses in a memo Tuesday, though the agency has known about the situation since last fall.

The investment in the hedge fund with MDL Capital Management of Pittsburgh was made without the knowledge of then-bureau director James Conrad, Kielmeyer said. An outside investment consultant told the bureau nearly 85 percent of the losses were the result of MDL taking investment risks beyond what the contract permitted, according to the memo.

The least they could have done is put the $225 million hedge fund investment in a one-year CD that pays 4% and made about $9 million.

I'm sure we haven't heard the last of this.

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Tuesday, June 07, 2005

Ohio Board of Tax Appeals Decisions Released 6/3/2005

MERIT DOCKET

2003-V-1535 Cross Country Inns, LLC v. Franklin County Board of Revision, Franklin County Auditor, and the Board of Education of the Columbus City School District. Real Property Tax. Value found. Board members concur.

2003-V-1536 Cross Country Inns, LLC v. Franklin County Board of Revision, Franklin County Auditor, and the Board of Education of the Columbus City School District. Real Property Tax. Value found. Board members concur.

2003-V-2077 Maderia City School District Board of Education v. Hamilton County Board of Revision, the Hamilton County Auditor and Americana Health Care Corporation of Ohio. Real Property Tax. Value found. Board members concur.

2003-T-2172 Union Savings Bank v. Montgomery County Board of Revision and the Montgomery County Auditor. Real Property Tax. Remanded with instructions. Board members concur.

2004-P-466 Gary L. Hill d/b/a/ Eastern Hills Auto Services v. William W. Wilkins, Tax Commissioner of Ohio. Sales Tax. Tax Commissioner affirmed. Board members concur.

2004-J-546 Rex R. Overstreet v. Hamilton County Board of Revision and the Hamilton County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

2004-J-547 Rex R. Overstreet v. Hamilton County Board of Revision and the Hamilton County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

2004-J-548 Rex R. Overstreet v. Hamilton County Board of Revision and the Hamilton County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

2004-J-549 Rex R. Overstreet, Trustee v. Hamilton County Board of Revision and the Hamilton County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

2004-J-550 Rex R. Overstreet v. Hamilton County Board of Revision and the Hamilton County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

2004-P-577 Reginald E. Nash v. Montgomery County Board of Revision and the Montgomery County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

2004-M-1091 Cleveland Municipal School District Board of Education v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and Ali Farag. Real Property Tax. Value found. Board members concur.

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Supreme Court of Ohio Case Announcements and Administrative Actions

Here is the link.

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Ohio First State to Sue DSW

Attorney General Jim Petro has asked the Franklin County Common Pleas Court to order Designer Show Warehouse to directly notify in writing approximately 700,000 customers affected by a security breach that allowed personal information to be stolen from DSW computer files. He also asked the court to find that the company’s failure to do so is a violation of Ohio’s Consumer Sales Practices Act. Ohio is the first state to sue the retailer over one of the biggest security breaches of its kind in the nation. Click here for the press release. Here is a link to the complaint for declaratory judgment.

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Monday, June 06, 2005

Ohio Courts Summary Released

Drop in Traffic Cases Causes Decrease in Total New Case Filings in 2004


A total of 3,077,361 cases were filed in Ohio courts in 2004 and 42 percent of those were traffic cases, according to the 2004 Ohio Courts Summary. This represents an 8 percent decrease from 2003 (when 3,347,982 cases were filed), and it is the lowest that new case filings have been since 1995 when 3,023,722 cases were filed.

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Supreme Court of Ohio Case Announcements and Administrative Actions - 6/6/2005

Here is the link.

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