Ohio Law

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

Friday, October 28, 2005

Ohio General Assembly's Latest Bill Introductions

SB 217 GAS METER READINGS (Schuring) To require natural gas companies to read or accept a customer's meter monthly under certain conditions. En. 4905.76 Full Text

SB 218 GASOLINE PRICES (Schuring) To prohibit retail dealers from raising the price of gasoline until the service station's gasoline underground storage tanks are refilled and to create the Ohio Task Force on Gasoline Policy to review and investigate the causes and effects of the cost of gasoline in Ohio and to make policy recommendations that would ensure that citizens of Ohio are paying the lowest possible price for gasoline. En. 1345.022 Full Text

SB 219 EXPLOSIVE DEVICES (Schuring) To modify the definition of "explosive device" to include household chemicals or goods knowingly combined or used to cause an explosion with intent to induce panic or cause physical harm. Am. 2923.11 Full Text

SB 220 GAMBLING LAWS (Schuring) To modify the definition of a skill-based amusement machine that applies to the Gambling Law. Am. 2915.01 Full Text

HB 398 SUSTAINABLE ENERGY COUNCIL (Skindell) To create the Council on Sustainable Energy Development and specify its duties. En. 4905 Full Text

HB 399 FOOD TAX EXEMPTION (Skindell) To exempt from the commercial activity tax proceeds received from sales of take-out food, wholesale sales of food, items purchased by resellers of food for use in business, or retail sales of packaging containing food. Am. 5751. Full Text

HB 400 MINING OVERSIGHT (McGregor, J.) To revise the distribution of revenues from the severance tax on industrial minerals, to exempt industrial minerals mining operations from the state mine safety laws and instead provide for the adoption of federal mine safety requirements for those operations, to revise the zoning laws concerning industrial minerals mining and to make other changes governing the mining of industrial minerals. Am. & En. 303, 315, 519, 1513, 1514, 1561, 1563, 1565, 1567, 1571 & 5749. Full Text

HB 401 FIREFIGHTER TRAINING (Law) To provide for the adoption of rules governing firefighter training. Am. 505, 737, 3737 & 4765. Full Text

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Ohio Bar Exam Results Released

The July 2005 Bar Exam results were released today. Out of 1386
applicants, 1035 applicants (75%) received passing scores; out of
1225 first time applicants, 81% received passing scores.

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Thursday, October 27, 2005

Ohio House Finishes Work on Eminent Domain Bill and Sends to Governor

The Ohio House completed work on a bill (SB 167) that responds to eminent domain concerns along with others aimed at curbing identity theft (HB 104) and improving school safety (HB 203).
The eminent domain bill imposes until Dec. 31, 2006 a moratorium on government takings of "unblighted" land for economic development purposes. Governor Taft said yesterday that he supports the bill and had every expectation that he would sign it.

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10/27/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

Today's release is about four pages long and contains a ruling on a motion for a litigant to be allowed to bring a court reporter to a hearing, rulings on disciplinary cases and mediation referrals.

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Wednesday, October 26, 2005

Ohio General Assembly's New Bill Introductions

SB 211 SPECIAL LICENSE PLATES (Carey) To create "Gold Star Family" license plates and to permit local jurisdictions to request the Director of Transportation to designate a name for a bridge that is part of the highway system. Am. & En. 5511.09 & 4503.546 Full Text

SB 212 CAT TAX FEE (Schuler) To eliminate the commercial activity tax one-time registration fee. Am. 5751.011, 5751.012, 5751.032, 5751.04, 5751.051 & 5751.08 Full Text

SB 213 COUNSELOR CUSTODY (Clancy) To permit a licensed professional clinical counselor to take certain persons into custody and transport those persons to a hospital. Am. 5122.10 Full Text

HB 396 ICF/MR ADJUSTMENTS (Hoops) To provide for an intermediate care facility for the mentally retarded to have its Medicaid rate adjusted in fiscal years 2006 and 2007 for certain renovations. Am. 206.66.26 of Am. Sub. HB 66 Full Text

HB 397 C&D LANDFILLS (Hagan) To revise the statutes governing construction & demolition debris facilities and to declare an emergency. Am. 3714.01, 3714.02, 3714.03, 3714.04, 3714.05, 3714.06, 3714.071, 3714.09, 3714.11, 3714.12, 3714.13, 3714.28, 3714.051, 3714.052, 3714.053, 3714.061, 3714.062, 3714.081, 3714.082, 3714.083, 3714.20 Full Text

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10/26/2005 - Supreme Court of Ohio Decisions

Wednesday, Oct. 26, 2005

2003-2035. Hess v. Norfolk S. Ry. Co., 2005-Ohio-5408.
Cuyahoga App. No. 80717, 153 Ohio App.3d 565, 2003-Ohio-4172. Judgment affirmed in part and reversed in part, and cause remanded.
Resnick, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Moyer, C.J., and Lanzinger, J., concur in part and dissent in part.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5408.pdf
Federal Employers’ Liability Act — Damages — Section 55, Title 45, U.S.Code — Apportionment of damages among settling and nonsettling defendants — Nonsettling defendant not entitled to reduction of judgment by proportionate share of damages attributable to settling defendants — Nonsettling defendant is entitled to pro tanto credit of amounts paid by settling defendants.

2004-0193. Sarmiento v. Grange Mut. Cas. Co. , 2005-Ohio-5410.
Cuyahoga App. No. 82807, 2003-Ohio-6485. Judgment affirmed in part and reversed in part.
Moyer, C.J., Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Lanzinger, J., concurs in part and dissents in part.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5410.pdf
Summary: Two-Year Policy Limit for Filing Uninsured Motorist Claims Upheld, Applies to Foreign State Crashes

2004-0752. Corporex Dev. & Constr. Mgt., Inc. v. Shook, Inc., 2005-Ohio-5409.
Franklin App. No. 03AP-269, 2004-Ohio-1408. Judgment reversed and cause remanded.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5409.pdf
Summary: Subcontractor Does Not Have Tort-Based ‘Duty’ to Building Owner for Economic Loss Due to Delay

2004-1770. Disciplinary Counsel v. Hunter, 2005-Ohio-5411.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 02-56. Sandra K. Hunter, Attorney Registration No. 0009526, is permanently disbarred from the practice of law in Ohio.
Resnick, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., concurs in judgment only.
Moyer, C.J., and Lundberg Stratton, J., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5411.pdf
Summary: Solon Lawyer Disbarred

2005-0172. Seaford v. Norfolk S. Ry. Co., 2005-Ohio-5407.
Cuyahoga App. No. 83137, 2004-Ohio-6849. Judgment reversed in part and cause remanded.
Resnick, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Moyer, C.J., and Lanzinger, J., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5407.pdf
Federal Employers' Liability Act — Damages — Pro tanto credit — Court of appeals’ judgment reversed in part on the authority of Hess v. Norfolk S. Ry. Co. and cause remanded.

2005-0818. Stark Cty. Bar Assn. v. Marosan, 2005-Ohio-5412.
On Certified Report by the Board of Commissioners on Grievances and Discipline, Nos. 04-044 and 04-049. Joseph Eugene Marosan, Attorney Registration No. 0025849, is suspended from the practice of law in Ohio for two years, with 18 months stayed on conditions.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., would suspend respondent for two years, all stayed on conditions.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5412.pdf
Summary: Middleburg Heights Lawyer Suspended

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Tuesday, October 25, 2005

Supreme Court of Ohio Releases Another Election Decision

THE STATE EX REL. CANALES-FLORES v. LUCAS COUNTY
BOARD OF ELECTIONS ET AL.

[Cite as State ex rel. Canales-Flores v. Lucas Cty. Bd. of Elections,
___ Ohio St.3d ___, 2005-Ohio-5642.]
Mandamus — Elections — R.C. 3501.38(K) — Invalid nominating
petition cannot be cured with separately filed affidavit — R.C. 3513.261
and 3513.05 applied to second nominating petition when first petition
was invalidated— Writ denied.
(No. 2005-1853 — Submitted October 14, 2005 —
Decided October 25, 2005.)
IN MANDAMUS.

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10/25/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2005-1678. State v. Hale.
Cuyahoga C.P. No. CR0454857. This cause is pending as a death
penalty appeal from the Court of Common Pleas for Cuyahoga County.
Upon consideration of appellant's motion for an extension of time to
transmit the record,
IT IS ORDERED that the motion is granted to the following extent:
The time for transmitting the record is extended to February 6, 2006.

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Monday, October 24, 2005

10/24/2005 - Supreme Court Case Announcements and Administrative Actions

MISCELLANEOUS DISMISSALS

2005-1149. State ex rel. Richardson v. Indus. Comm.
Franklin App. No. 04AP-724, 2005-Ohio-2388. This cause is
pending before the court as an appeal from the Court of Appeals
for Franklin County. Upon consideration of appellant's application
for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

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Why Are Children Being Pulled From Columbus Public Schools?

A 22-page report is available on the Kids Ohio web site. The count is up to 7,100 students who have left the district and entered a charter school. More than 90 percent of guardians cite more than one reason for switching from Columbus Public Schools (CPS) to a charter school.

Reasons include:

– Discipline, safety and dress: 42 percent
– Individual attention: 42 percent
– Specific, unmet academic/physical needs (excluding physical disability): 39 percent
– Quality of education in general: 30 percent
– Communication: 9 percent

The study polled 371 families. Aside from charter schools, the report's Executive Summary cites one additional "competitive pressere": school vouchers. As many as 8,323 youngsters in 23 Columbus Public Schools are eligible for these vouchers next fall since their schools have been in Academic Emergency for three straight years.

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