Ohio Law

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

Thursday, June 15, 2006

PUCO Introduces Business Information Center

The Public Utilities Commission of Ohio (PUCO) today introduced a
new Business Information Center section of its Web site. This new
Web page contains information designed to help Ohio businesses
understand and manage their utility needs.


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6/15/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-0150. Lewis v. J. E. Wiggins & Co.
Franklin App. No. 04AP-469, 04AP-544, and 04AP-668, 2004-Ohio-6724. This
cause came on for further consideration of appellant's motion for leave to file a
motion to vacate judgment for attorney fees and the motion to vacate judgment for
attorney fees. Upon consideration thereof,
IT IS ORDERED by the court that that the motions are denied.

DISCIPLINARY CASES

2000-0760. Disciplinary Counsel v. Braun.
On application for reinstatement of Gary L. Braun, Attorney Registration No.
0021431. Application granted and respondent reinstated to the practice of law in
Ohio.

MISCELLANEOUS DISMISSALS

2006-0109. State ex rel. Glasgow v. Columbus Pub. Schools.
In Mandamus. This cause originated in this court on the filing of a complaint for a
writ of mandamus. Upon consideration of relator's application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

2006-0311. State ex rel. Bailey v. Indus. Comm.
Franklin App. No. 05AP-316. 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.

2006-0589. State v. Trouten.
Jefferson App. No. 04JE18, 2005-Ohio-6592. This cause is pending before the
court as a discretionary appeal and claimed appeal of right. It appears from the
records of the court that the appellant has not filed a memorandum in support of
jurisdiction, due June 9, 2006 in compliance with the Rules of Practice of the
Supreme Court and therefore has failed to prosecute this cause with the requisite
diligence. Upon consideration thereof,
IT IS ORDERED by the court that this cause is dismissed sua sponte.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):
2006-0910. State ex rel. PFC Lamont Hill Memorial v. Petro.
In Mandamus.

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Wednesday, June 14, 2006

6/14/2006 - Supreme Court of Ohio Case Announcements

MERIT DECISIONS WITH OPINIONS

2004-1824. Marrone v. Philip Morris USA, Inc., 2006-Ohio-2869.
Medina App. No. 03CA0120-M, 2004-Ohio-4874. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Grady and Lanzinger, JJ., concur in part and dissent in part.
Pfeifer, J., dissents.
Thomas J. Grady, J., of the Second Appellate District, sitting for Resnick, J.
A consumer may qualify for class-action certification under
Ohio’s Consumer Sales Practices Act only if the defendant’s
alleged violation of the Act is substantially similar to an act
or practice previously declared to bedeceptive by one of
the methods identified in R.C. 1345.09(B).


2005-0216 and 2005-0412. State v. Kreischer, 2006-Ohio-2706.
Perry App. No. 03 CA 20, 2004-Ohio-6854. Judgment affirmed.
Moyer, C.J., Ford, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger,
JJ., concur.
Pfeifer, concurs in part and dissents in part.
Donald R. Ford, J., of the 11th Appellate District, sitting for Resnick, J.
Former R.C. 2929.18(A)(1) — Under former R.C. 2929.18(A)(1),
a court may order an offender to pay restitution to an
insurance company that incurred medical costs on
behalf of the victim.


2005-0501 and 2005-0502. Andrew Jergens Co. v. Wilkins, 2006-Ohio-2708.
Board of Tax Appeals, Nos. 2002-P-403 and 2002-P-614. Decision affirmed.
Moyer, C.J., Resnick, O'Connor and Lanzinger, JJ., concur.
Pfeifer, Lundberg Stratton and O'Donnell, JJ., dissent.
Personal property taxation — Off-the-shelf computer software
taxable as tangible personal property used in business.


2005-2440. Disciplinary Counsel v. White, 2006-Ohio-2709.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 05-060. David Lee White II, Attorney Registration No. 0030927, is
permanently disbarred from the practice of law in Ohio.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.
Attorneys at law — Misconduct — Conduct involving moral turpitude —
Conduct adversely reflecting on fitness to practice law —
Conviction on felony drug offense — Disbarment.


2006-0121. Cuyahoga Cty. Bar Assn. v. Scott-Chestang, 2006-Ohio-2711.
On Certified Report by the Board of Commissioners on Grievances and Discipline,
No. 05-002. Renee B. Scott-Chestang, Attorney Registration No. 0030616, 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.
Attorneys at law — Misconduct — Indefinite suspension —
Neglecting entrusted legal matters — Engaging in conduct
involving fraud, deceit, dishonesty, or misrepresentation —
Intentionally prejudicing or damaging a client — Failing to
promptly deliver funds to which a client is entitled.



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Supreme Court of Ohio Orders Governor Taft to Turn Over Documents for Review

Here is the syllabus:

THE STATE OF OHIO EX REL. DANN v. TAFT, GOVERNOR.
[Cite as State ex rel. Dann v. Taft, ___ Ohio St.3d ___, 2006-Ohio-2947.]
Public records — Exemptions — R.C. 149.43(A)(1)(v) — Executive privilege —
Formal assertion by governor of qualified gubernatorial-communications
privilege to withhold from disclosure certain confidential communications
— Relator must show particularized need and explain why that need
outweighs qualified privilege — In camera review of records required to
determine whether need outweighs privilege — Governor ordered to
submit requested documents for review.
(No. 2005-1222 ─ Submitted June 7, 2006 ─ Decided June 13, 2006.)

The documents ("certain weekly reports that allegedly relate to the
Bureau of Workers’ Compensation and that were prepared by various
officials in the executive branch") now go to the Court:
"Accordingly, we order the governor to submit to this court for in
camera review the unredacted documents requested by Dann over
which the governor claims qualified gubernatorial-communications
privilege."

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Tuesday, June 13, 2006

Clients' Security Fund Awards More Than $325,000

The Supreme Court of Ohio's Board of Commissioners of the Clients' Security Fund has awarded $326,688 to 24 victims of attorney theft. News release can be found here.

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6/13/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2006-1019. Lipford v. Corrigan.
In Prohibition. This cause originated in this court on the filing of a complaint for a
writ of prohibition. Upon consideration of relator's motion to expedite and for
emergency review and motion for stay of proceedings in lower court and to
advance matter on the court's docket,
IT IS ORDERED by the court that the motions are denied.
Pfeifer, J., dissents.
Lanzinger, J., not participating.

MEDIATION REFERRALS

The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2006-0569. State ex rel. Kelsey-Hayes Co. v. Heinlen.
Franklin App. No. 05AP-360, 2006-Ohio-428.

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