Ohio Law

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

Friday, February 10, 2006

Governor Taft Signs Bill Limiting Pseudoephedrine Sales

Purchases of certain cold medicines will be limited and consumers will have to provide identification proving they're at least 18 years of age to buy the drugs under a bill Governor Bob Taft signed into law Thursday. Click here for the full text of SB 53. The law will go into effect in 90 days.

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2/10/2006 - Latest General Assembly Bill Introductions

HB 514 MORTGAGE BROKERS (Yates) To expand the Consumer Sales Practices Act to include transactions involving dealers in intangibles and their customers and transactions involving mortgage brokers and their clients. Am. 1345.01 Full Text

HB 515 ADOPTION RESTRICTIONS (Hood) To prohibit an adoptive or foster child from being placed in the private residence of a homosexual, bisexual, or transgender person. Am. 3107.03 & 5103.03 Full Text

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2/10/2006 - Supreme Court of Ohio Case Announcments and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2005-2368. Richards Ltd., Inc. v. Pub. Util. Comm.
Public Utilities Commission, No. 05-190-RC-CSS. This cause is
pending before the court as an appeal from the Public Utilities
Commission. Upon consideration of the motions for admission pro hac
vice of Robert R. Gasaway and Stephen R.
Patton by Kathleen W. Trafford,
IT IS ORDERED by the court that the motions are granted.
2005-2369. Intermessage Wireless Assoc., Ltd. v. Pub. Util. Comm.
Public Utilities Commission, No. 05-811-RC-CSS. This cause is pending
before the court as an appeal from the Public Utilities Commission.
Upon consideration of the motions for admission pro hac vice of
Robert R. Gasaway and Stephen R. Patton by Kathleen W. Trafford,
IT IS ORDERED by the court that the motions are granted.

MISCELLANEOUS DISMISSALS

2005-1291. State ex rel. Naylor v. Indus. Comm.
Franklin App. No. 04AP-715, 2005-Ohio-2712. 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.

MISCELLANEOUS ORDERS

The Supreme Court of Ohio has issued orders imposing sanctions
upon 126 attorneys and judges for noncompliance with the provisions
of Gov.Bar R. X and Gov.Jud. R. IV. The text of the entry imposing the
sanction is reproduced below. This is followed by a list of the attorneys
and judges who were sanctioned. The list includes each attorney’s or
judge’s Attorney Registration Number; the county and state of residence
and the county and state of the attorney’s or judge’s employer, as last
registered with the Attorney Registration Section; and the amount of the
sanction fee imposed by the Supreme Court.

Click here for the list of sanctioned attorneys and then scroll down to Page 2.

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Wednesday, February 08, 2006

The Ohio Channel - General Assembly Video

The Ohio Channel has archives of video detailing the workings of the Ohio House and Ohio Senate. The archives date back to 1997. The Supreme Court of Ohio oral argument video archive can also be tapped into here, but the video just goes back to 2004, the date of the move to the Ohio Judicial Center.

Thanks goes to the new Moritz Legal Information Blog for the tip.

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2/8/2006 - Ohio General Assembly's Latest Bill Introductions (Health Savings Accounts; New Testimonial Privilege)

SB 271 PREHISTORIC MONUMENT (Hottinger) To designate the Newark Earthworks as the official prehistoric monument of the state. En. 5.073 Full Text

HB 502 MEDICAL RECORDS (Ujvagi) To allow an authorized person to obtain one copy of a patient's medical record without charge. Am. 3701.741. Full Text

HB 503 MILITARY CHILD CUSTODY (Ujvagi) To prohibit a juvenile court from making custody determinations or modifications in a case in which one of the parents is called to active military service with any reserve component of the United States armed forces or Ohio militia. Am. 3109.04 & 3109.041. Full Text

HB 504 FUNERAL LEAVE (Ujvagi) To grant paid leave to certain state employees so that they may participate in a funeral honors detail at the funeral of a veteran. En. 124.1311. Full Text

HB 505 ENVIRONMENTAL LAWS (Reinhard) To require that state environmental laws be construed to be no more stringent than the laws' federal counterparts En. 3745.50. Full Text

HB 506 HEALTH SAVINGS ACCOUNTS (Blessing) To make health savings accounts available to public employees and provide tax benefits to public employees who use health savings accounts, and to increase the deductible permitted under the state income tax for unreimbursed medical care. Am. & En. 148.11, 148.12, 148.13 & 5747.01. Full Text

HB 507 TESTIMONIAL PRIVILEGE (Patton. T.) To create a testimonial privilege for communications between a representative of an employee organization and a bargaining unit member. Am. 2317.02. Full Text

HB 508 FIREARM CONFISCATION (Hood) To prohibit the confiscation of lawfully owned and carried firearms during a state of emergency. Am. & En. 5502.371 & 5502.99. Full Text

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2/8/2006 - Supreme Court of Ohio Decisions

Wednesday, Feb. 8, 2006

2004-0795. Wood v. Ohio State Hwy. Patrol, 2006-Ohio-245.
Tuscarawas App. No. 2003 AP 09 0075, 156 Ohio App.3d 725,
2004-Ohio-1765. Judgment affirmed.
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/0/2006/2006-Ohio-245.pdf
Summary: Workers' compensation — Definition of "injury" —
Statutory exclusion of mental injuries from compensability —
Court of appeals’ judgment affirmed on the authority of McCrone v. Bank One Corp.


2004-1216. Fichtel & Sachs Industries, Inc. v. Wilkins, 2006-Ohio-246.
Board of Tax Appeals, No. 2003-M-408. Decision affirmed in part and
reversed in part, and cause remanded.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell
and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-246.pdf
Summary: R.C. 5701.08 and 5711.22 — “For storage only” exception —
Packaging separate clutch parts into a single box labeled a “clutch kit”
does not constitute processing, and thus, the taxpayer’s inventory of
clutch kits qualifies for the for-storage-only exception.


2004-1454. State ex rel. Meris v. Indus. Comm., 2006-Ohio-247.
Franklin App. No. 03AP-810, 2004-Ohio-3883. Judgment reversed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and
O'Donnell, JJ., concur. Lanzinger, J., concurs in judgment only.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-247.pdf
Summary: Workers’ compensation – R.C. 4123.52 – Continuing
jurisdiction of Industrial Commission – Motion for reconsideration based
on mistake of fact.


2004-1854. Strongsville Bd. of Edn. v. Wilkins, 2006-Ohio-248.
Board of Tax Appeals, No. 2002-G-2562. Decision affirmed.
Moyer, C.J., Resnick, O'Connor and Lanzinger, JJ., concur.
Pfeifer, Lundberg Stratton and O'Donnell, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-248.pdf
Summary: Property-tax exemption — R.C. 5713.08 — The Tax
Commissioner has no jurisdiction to consider an application for
exemption from property taxes unless county treasurer’s certificate
evidencing compliance with R.C. 5713.08 is attached to the taxpayer’s
initial filing.


2005-0100. State ex rel. Sherry v. Indus. Comm., 2006-Ohio-249.
Franklin App. No. 04AP-78, 2004-Ohio-7050. 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/0/2006/2006-Ohio-249.pdf
Summary: Workers’ compensation — Temporary total disability
compensation — Payment for services precludes temporary total disability
compensation regardless of whether the recipient’s enterprise earns a
profit — Judgment affirmed.


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Tuesday, February 07, 2006

Petro Allowed to Intervene in Challenge to Ohio's Sex Offenders Eviction Law

Attorney General Jim Petro announced yesterday that a federal judge granted his request on Saturday to allow the state to help defend against a new constitutional challenge to a state law allowing local prosecutors to seek evictions of sex offenders living within 1,000 feet of a school.

The case, Lane Mikaloff, Plaintiff v. Sherri Bevan Walsh, et. al., Defendants, challenging the constitutionality of Ohio Revised Code Section 2950.031, is being heard in U.S. District Court for the Northern District of Ohio, Eastern Division. Walsh is the Summit County Prosecutor. Along with granting Petro's request, the court set a hearing on a plaintiff’s motion for a temporary restraining order and preliminary injunction against enforcement of the law for 11:30 a.m., Feb. 10 in U.S. District Court in Akron. Here is a link to the defendants' memorandum in opposition to the restraining order and injunction.

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2/7/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-0622. State v. Battle.
Franklin App. No. 03AP-1269, 2005-Ohio-707. This cause is pending
before the court as an appeal from the Court of Appeals for Franklin
County. Upon consideration of appellee's motion to participate in
oral argument,
IT IS ORDERED by the court that the motion is denied.

2005-2209. Discount Cellular, Inc v. Pub. Util. Comm.
Public Utilities Commission, No. 04-236-RC-CSS. This cause is pending
before this court as an appeal from the Public Utilities Commission of
Ohio. Upon consideration of the motion to intervene as appellees of
Ameritech Mobile Communications LLC, d/b/a Cingular Wireless,
and Cincinnati SMSA Limited Partnership,
IT IS ORDERED by the court that the motion to intervene is granted.

2005-2368. Richards Ltd., Inc. v. Pub. Util. Comm.
Public Utilities Commission, No. 05-190-RC-CSS. This cause is pending
before this court as an appeal from the Public Utilities Commission of
Ohio. Upon consideration of the motion to intervene as appellees of
Ameritech Mobile Communications LLC, d/b/a Cingular Wireless,
and Cincinnati SMSA Limited Partnership, and the motion to intervene
as appellees of Verizon Wireless, a.k.a., New Par, Verizon Wireless (VAW)
L.L.C., and Airtouch Cellular Eastern Region, L.L.C.,
IT IS ORDERED by the court that the motions to intervene are granted.

2005-2369. Intermessage Wireless Assoc., Ltd. v. Pub. Util. Comm.
Public Utilities Commission, No. 05-811-RC-CSS. This cause is pending
before this court as an appeal from the Public Utilities Commission of Ohio.
Upon consideration of the motion to intervene as appellees of Ameritech
Mobile Communications LLC, d/b/a Cingular Wireless, and Cincinnati
SMSA Limited Partnership, and the motion to intervene as appellees of
Verizon Wireless, a.k.a., New Par, Verizon Wireless (VAW) L.L.C., and
Airtouch Cellular Eastern Region, L.L.C.,
IT IS ORDERED by the court that the motions to intervene are granted.

2005-2370. Jeff Rand Corp. v. Pub. Util. Comm.
Public Utilities Commission, No. 05-812-RC-CSS. This cause is pending
before this court as an appeal from the Public Utilities Commission of Ohio.
Upon consideration of the motion to intervene as appellees of Ameritech
Mobile Communications LLC, d/b/a Cingular Wireless, and Cincinnati
SMSA Limited Partnership,
IT IS ORDERED by the court that the motion to intervene is granted.

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Monday, February 06, 2006

2/6/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-0970. Cementech, Inc. v. Fairlawn.
Summit App. No. 22309, 160 Ohio App.3d 450, 2005-Ohio-1709.
This cause is pending before the court as an appeal from the Court of
Appeals for Summit County. Upon consideration of the joint motion of
the appellant and amicus curiae
Ohio Attorney General Jim Petro for divided argument time,
IT IS ORDERED by the court that the motion is granted, and the amicus
curiae shall share the time allotted to appellant.

2005-0971. Cementech, Inc. v. Fairlawn.
Summit App. No. 22309, 160 Ohio App.3d 450, 2005-Ohio-1709. This
cause is pending before the court on the certification of a conflict from the
Court of Appeals for Summit County. Upon consideration of the joint motion
of the appellant and amicus curiae Ohio Attorney General Jim Petro for
divided argument time,
IT IS ORDERED by the court that the motion is granted, and the amicus
curiae shall share the time allotted to appellant.

2005-1363. State v. Godwin.
Wood App. No. WD-04-094, 2005-Ohio-3204. This cause is pending
before the court as an appeal from the Court of Appeals for Wood County.
Upon consideration of the joint motion of appellant and amicus curiae
Ohio Attorney General Jim Petro for divided argument time,
IT IS ORDERED by the court that the motion is granted, and the amicus
curiae shall share the time allotted to appellant.

2005-1560. State v. Godwin.
Wood App. No. WD-04-094, 2005-Ohio-3204. This cause is pending
before the court on the certification of a conflict from the Court of Appeals
for Wood County. Upon consideration of the joint motion of appellant
and amicus curiae Ohio Attorney General Jim Petro for divided argument
time, IT IS ORDERED by the court that the motion is granted, and
the amicus curiae shall share the time allotted to appellant.

DISCIPLINARY CASES

2004-1799. Toledo Bar Assn. v. Lowden.
Board of Commissioners on Grievances and Discipline, No. 03-048. On
motion to lift stay of respondent’s suspension. Motion granted. Respondent,
Jeffrey T. Lowden, Attorney Registration No. 0071548, is suspended
from the practice of law in Ohio for two years.

MEDIATION REFERRALS

The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-2135. State ex rel. Lange v. Indus. Comm.
Franklin App. No. 04AP-1330, 2005-Ohio-5487.

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