Ohio Law

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

Friday, June 17, 2005

Auditor Releases Columbus City School District Audit

State Auditor Betty Montgomery released the audit for the Columbus City School District on June 16th. The press release cited three questioned costs totaling more than $650,000.

Later


Supreme Court of Ohio Case Announcements and Administrative Actions - 6/17/2005

Here is the link.

Later

Thursday, June 16, 2005

New Bill Introductions

HB 300 ALCOHOL SALES (Domenick) To prohibit the sale or delivery of beer or intoxicating liquor to a consumer in Ohio from a location within or outside the state under a delivery sale. Am. & En. 4301.99 & 4301.601 Full Text

HB 301 RULEMAKING/CORPORATE LAW (Seitz) To modify state agency rulemaking authority and to automatically include any future amendments to federal laws incorporated by reference into a rule; to authorize and specify applicable provisions to conversions of business entities by corporations, limiated liability companies, and general limitate liability and general partnerships; to expand the limited liability of registered limited partnerships; to limit liability to limited partnerships; to modify the Corporation Law relating to regulations or articles, shareholder rights, delegation authority, acceptable payments for shares, director meetings, executive committees, actions authorized after bankruptcy, distributions to shareholders when the issuting corporation "spins off" a subsidiary corporation, reorganization and restructuring of holding company corporations, and control share acquisitions; to modify the Limited Liability Company Law to specify acceptable forms of contributions; and to modify the Securities Law relating to dealer recordkeeping and filing requirements, tender offers and incorporation in Ohio law of future amendments to federal securities laws. Am. & En. 121.76, 1701.01, 1701.10, 1701.11, 1701.17, 1701.18, 1701.19, 1701.40, 1701.41, 1701.44, 1701.51, 1701.54, 1701.57, 1701.58, 1701.62, 1701.63, 1701.73, 1701.75, 1701.76, 1701.81, 1701.831, 1701.84, 1701.85, 1701.92, 1704.02, 1704.03, 1705.09, 1705.19, 1705.40, 1705.41, 1705.42, 1707.01, 1707.041, 1707.20, 1707.44, 1775.01, 1775.05, 1775.14, 1775.45 to 1775.52, 1782.435, 1782.436, 1782.437 1701.782, 1701.792, 1701.802, 1701.811, 1701.821, 1705.361, 1705.371, 1705.381, 1705.391, 1707.142, 1775.53 to 1775.56, 1782.438, 1782.439, 1782.440, 1782.441, & 1782.65 Full Text

Later


Wednesday, June 15, 2005

The BWC / MDL Mess

I'm not going to claim to understand the complex scheme that was in effect when the state of Ohio lost upwards of $225 million. However, for those who are really interested in this stuff, a blog called "Hypothetically Speaking" does a fairly good job of laying out the facts (and fiction) associated with the mess. Check it out.

The aforementioned blog has pointed out the Ohio Attorney General's page where MDL's "Confidential Private Placement Memorandum" can be found.

Later

Update: for links to other documents associated with the state of Ohio's action against MDL, scroll to the bottom of this AG Press Release from 6/10/05

Board of Commissioners on Grievances and Discipline Advisory Opinion 2005-5

OPINION 2005-5

Issued June 10, 2005

SYLLABUS: It is improper under DR 9-101(A) of the Ohio Code of Professional Responsibility for a former magistrate, now privately practicing law, to represent a person in post-decree matters (such as modifying child custody, parenting time, or child support, or defending or initiating a contempt order to enforce a prior court order) when he or she served as magistrate in the person’s original divorce or dissolution action.

Later


Supreme Court of Ohio Decisions - 6/15/2005

Wednesday, June 15, 2005

2004-1406. Akron Bar Assn. v. Holder, 2005-Ohio-2695.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-101. William P. Holder, Attorney Registration No. 0015110, 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-2695.pdf
Summary: Akron Lawyer Indefinitely Suspended

2004-2080. Dayton Bar Assn. v. Andrews, 2005-Ohio-2696.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-079. Charles G. Andrews, Attorney Registration No. 0037476, is suspended from the practice of law in Ohio for six months, stayed on condition.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Lanzinger, J., dissents and would publicly reprimand respondent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2696.pdf

Later


Breast Feeding Bill Signed by the Governor

Senate Bill 41:

Very simple language:

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 3781.55 of the Revised Code be enacted to read as follows:

Sec. 3781.55. A mother is entitled to breast-feed her baby in any location of a place of public accommodation wherein the mother otherwise is permitted.

"Place of public accommodation" has the same meaning as in section 4112.01 of the Revised Code.

Taft also signed the following:

Substitute House Bill 48, sponsored by State Representative Jim Hughes (R-Columbus), increases the penalty for identity fraud when committed against an elderly person or disabled adult; and creates the Identity Fraud Passport. The bill goes into effect 90 daysafter it is signed by the Governor and filed with the Secretary of State.

Substitute House Bill 4, sponsored by Senator Matthew J. Dolan (R-Novelty), creates the Ohio Incident-Based Reporting System. The bill goes into effect 90 days after it is signed by the Governor and filed with the Secretary of State.

Later

Tuesday, June 14, 2005

New Bill Introductions

SB 154 PRESCRIPTIVE AUTHORITY (Wachtmann) Regarding the practice of physician assistants, including the establishment of physician-delegated prescriptive authority, and to modify the authority of advanced practice nurses to furnish supplies of drugs to patients. Full Text

SB 155 MOTION PICTURE TAX CREDIT (Clancy) To create a tax credit for individuals who invest in state-certified motion pictures. Am. 5747.98 & 5747.66 Full Text

HB 296 APPRENTICE HUNTING (Buehrer) To provide for the issuance of apprentice hunting licenses and apprentice fur taker permits and to enable persons who are sixteen or seventeen years of age to obtain youth hunting licenses and youth fur taker permits. Am. & En. 1531.01, 1533.10, 1533.111 &1533.102 Full Text

HB 297 INTERNET PUBLICATION (Wagoner) To permit statutory villages to publish ordinances and resolutions or their summaries on the Internet rather than by other publication methods. Am. 731.25 Full Text

HB 298 AUTISM LICENSE PLATE (Peterson) To establish an autism awareness license plate and to provide that money from the contributions for the license plates be used to pay for programs and awareness efforts of the Autism Society of Ohio. Am. & En. 4501.21 & 4503.493 Full Text

HB 299 DEVELOPMENT IMPACT FEES (Peterson) To authorize counties, townships, and school districts to levy impact fees on new development to finance capital improvements necessitated by that development. Am. & En. 133.06, 133.07, 5755.01 & 5755.12 Full Text

Later


Ohio Board of Tax Appeals Merit Decisions - 6/10/2005

MERIT DOCKET

2003-K-765, 2003-K-1612 Cincinnati Bell Telephone Company v. Thomas M. Zaino, Tax Commissioner of Ohio. Public Utility Personal Property Tax. Tax Commissioner affirmed. Board members concur.

2003-P-812 Larry Ross Snodgrass v. Franklin County Board of Revision, Franklin County Auditor and the Hilliard City School District Board of Education. Real Property Tax. Value found. Board members concur.

2003-A-1543, 2003-A-1544 Lutheran Social Services of Central Ohio Village Housing, Inc. v. Franklin County Board of Revision, Franklin County Auditor, and the Board of Education of the Southwestern City Schools District. Real Property Tax. Value found. Ms. Margulies and Mr. Dunlap concur. Mr. Eberhart not participating.

2003-M-1828 Donald C. Wright Investments, LLC v. Montgomery County Board of Revision and the Montgomery County Auditor. Real Property Tax. Value found. Board members concur.

2003-M-1829 Scott D. Wright v. Montgomery County Board of Revision and the Montgomery County Auditor. Real Property Tax. Value found. Board members concur.

2004-A-879 Cheryl Hudak v. Erie County Board of Revision and Erie County Auditor. Real Property Tax. Value found. Board members concur.

Later

Ohio Court of Claims Decisions Posted 6/14/2005

Griffin v. Ohio Dept. of Rehab. & Corr. 2004-05007 Magistrate decision on liability and civil immunity. Civil immunity recommended for CO Donald Seymour. Judgment recommended in favor of defendant.

Seymour v. Ohio Dept. of Rehab. & Corr. 2001-09869 Judgment entry. Magistrate’s April 19, 2005, recommendation of judgment for plaintiff in the amount of $15,025 adopted.

Palmer v. Williams 2005-06694 Entry of dismissal and returning original papers. Case transferred from Franklin Country Court of Common Pleas.

Jolly v. Ohio State Hwy. Patrol 2003-11852 Magistrate decision on liability. Judgment is recommended in favor of defendant.

Stiles v. Ohio State Univ. 2003-11259 Decision and judgment entry on summary judgment. Defendant’s motion for summary judgment GRANTED.

Sullivan v. Ohio Dept. of Rehab. & Corr. 2003-02161 Judgment entry. Magistrate’s April 18, 2005, recommendation of judgment for defendant adopted.

Later


Monday, June 13, 2005

Ohio-Centric Cases Decided By U.S. Supreme Court - 6/13/2005

Bradshaw v. Stumpf (04-637)

Death sentence litigation.

Wilkinson v. Austin (04-495)

Deals with assignment of inmates to Ohio's "supermax" prison and the due process rights of the prisoners.

New Bill Introductions

SB 153 MAUMEE RIVER BRIDGE NAME (Wachtmann) To designate a bridge on State Route 108 over the Maumee River as the "Henry County Veterans Bridge." En. 5533.811 Full Text

HB 295 COMMUNITY SCHOOL REPORTING (Williams) To revise the academic and data reporting accountability requirements pertaining to community schools. Am. 3314.012, 3314.015, 3314.03, & 3314.17 and En. 3314.18 & 3314.19 Full Text

Later



Supreme Court of Ohio Case Announcements and Administrative Actions

Here is the link.

Later

Supreme Court of Ohio Oral Argument Schedule for This Week

TUESDAY
June 14
9 a.m.
Official schedule
04-0594 Athens County Auditor v. Thomas M. Zaino [William W. Wilkins], Tax Commissioner of Ohio and Lee & L'Heureaux Properties
04-1465 S/O C.S.E.A. ex rel. Willa Lloyd v. Gregory Lovelady Cuyahoga
04-1466 MP Star Financial, Inc. v. Cleveland State University Franklin
04-1492/
04-1647
The Estate of Renee Harrold v. Brian S. Collier
v. Gary Harrold and Carol Harrold
Wayne
WEDNESDAY
June 15
9 a.m.
Official schedule
04-1104 Garey Smith v. Simon Leis, Jr. Hamilton
04-1145 Jaylin Investments, Inc. v. Village of Moreland Hills Cuyahoga
04-1425 Board of Education of the Columbus City School District v. Thomas M. Zaino [William W. Wilkins], Tax Commissioner of Ohio and the Columbus State Community College District
04-1509 Phillip M. Wenner, on his own behalf and on behalf of a class v. Midland Title Security and National City Corporation Richland