Court News Ohio
Court News Ohio
Court News Ohio
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June 28, 2022

Frank LaRose orders 5 county boards to prepare updated ballots after Ohio Supreme Court sides with candidates left off the ballot: Cleveland.com
Ohio Secretary of State Frank LaRose ordered five county boards of elections to review the petitions of 6 potential candidates and update their ballots for the Aug. 2 special legislative election. The order comes after a state supreme court ruling that county boards of elections must accept and review signature petitions for the six candidates.

Ohio Supreme Court allows more Statehouse candidates for primary: Ohio Capital Journal
The Ohio Supreme Court has ruled against the state secretary of state’s decision to disqualify six candidates from the Aug. 2 primary.

Findlay Municipal Court Receives Technology Grant: WFIN
The Findlay Municipal Court has received a nearly $20,000 technology grant from the Supreme Court of Ohio. The court says it will use the grant money to implement an e-filing system through the court’s case management software. The e-filing system will be a portal on the court’s website.

Ohioans to vote on Nov. 8: Should defendants get higher bonds if they are a danger to the public?: Mahoning Matters
This November, Ohio voters will decide whether judges should consider a criminal defendant’s threat to public safety when determining their bail.

Another appeals court sides with insurer in pandemic BI case: PropertyCasualty360
The U.S. Court of Appeals for the Sixth Circuit has sided with an insurance company after they denied an insured’s COVID-19 business interruption claim. This verdict comes as the wait continues for a ruling from the Ohio Supreme Court as to what “direct physical loss of or damage to property” means in regard to these cases.

DeWine signs bill allowing twp. officers to protect highways: Sentinel-Tribune
Gov. Mike DeWine signed a bill into law that originated with a Lake Township traffic stop 11 years ago…The fight to allow township patrols of interstates started with a 2011 Lake Township traffic stop, which ended in the confiscation of drugs. It was ultimately overruled by the Ohio Supreme Court, which said the stop was not legal because the township officers lacked authority on Interstate 280, where the stop took place.

How the Tiffin-Fostoria Municipal Court judge vacancy will be filled: TiffinOhio.net
Following the declaration of a vacancy in the office of judge for the Tiffin-Fostoria Municipal Court last week, the Seneca County Board of Elections has shared details of how the process for filling the seat will go forward. Tiffin City Council unanimously passed an ordinance on June 20 to declare a vacancy for the position of Tiffin-Fostoria Municipal Court judge, officially ousting Mark Repp from the judgeship after he was suspended by the Ohio Supreme Court last year.

Prosecution weighs in on appeal in father-daughter murder case: The Logan Daily News
Michael T. Dixon, now serving 50 years to life in prison for murdering a Benton Township man, has argued in an appeal that his jurors should have had the option of convicting him on a lesser charge of voluntary manslaughter, and should also have been allowed to consider the possibility that he was justified in killing to protect his daughter.

Trafficking law used sparingly in Ohio: Review Times
Ohio’s human trafficking law is little used by prosecutors to get predators. In addition, the state lags behind others in a big way: Ohio treats victims more like criminals than other states do. In 2000, human trafficking was criminalized under federal law. It was only in 2011 that Ohio first criminalized human trafficking. Until then, the only ones convicted under Ohio law were those people charged with engaging in prostitution and the people who solicited them.

General Liability Cases To Watch In The 2nd Half Of 2022: Law 360
State high courts are poised to answer a number of wide-ranging questions in the coming months that will have an impact on insurance coverage, including whether an insurer has a duty to defend an opioid wholesaler in Ohio and if liability policies cover alleged violations of the Telephone Consumer Protection Act in California.

Fresh Off Supreme Court Gun Win, Lawyer Clement Switches Firms: Bloomberg
Paul Clement, the superstar advocate who won a major [U.S.] Supreme Court gun rights case on Thursday, is leaving Kirkland & Ellis after the firm announced it will no longer represent clients in Second Amendment matters.

 

June 27, 2022

Ohio Supreme Court says 6 Democratic candidates who filed amid redistricting chaos can appear on August primary ballot: Cleveland.com
The Ohio Supreme Court on Friday held that six Democratic candidates for various political offices can appear on the ballot in the rescheduled Aug. 2 primary election.

Half-dozen Dems win court battle to get on Aug. 2 legislative ballots in Ohio: Cincinnati Enquirer
The Ohio Supreme Court on Friday told Ohio Secretary of State Frank LaRose to add six Democrats to legislative ballots for the August 2 primary but said two Republicans didn't make the cut.

Primary slated for Aug. 2: New ballots, registration deadlines and early voting dates: The Daily Record
Federal judges put the lengthy redistricting battle on pause, implementing a map in May that was declared unconstitutional by the Ohio Supreme Court. This map will be used for the fast-approaching second primary of 2022, slated for Tuesday, Aug. 2.

Aug. 2 primary looms for major Ohio races: Norwalk Reflector
Ohio is having an unusual primary on Aug. 2, thanks to the endless battles in Ohio over redistricting. The state’s second primary election is for races for the Ohio General Assembly and for the central committees for the two major political parties.

August election: Officials plan for primaries that add costs, need for workers: Springfield News-Sun
For all the wrangling that went into scheduling it, the Aug. 2 primary election looks to be pretty low-key. With few contested races on the ballot for state legislative seat primaries, boards of elections around the Miami Valley are expecting low turnout.

Bikeway case sent to Ohio Supreme Court: The Vindicator
The Ohio Supreme Court is likely to decide in three to six months whether to hear an appeal of a decision in the Mill Creek MetroParks bikeway eminent domain case involving Diane Less of Angels for Animals.

Could Supreme Court’s ruling on schools in Maine affect Ohio voucher lawsuit?: Lima Ohio
A coalition of public schools suing Ohio over its school voucher program say the U.S. Supreme Court’s recent decision to overturn a ban on tuition assistance from going to religious schools in Maine is “narrow” and should not affect their lawsuit.

Athens court invests in new ankle monitors as alternative to jail for defendants: WOUB
Athens County Municipal Court has invested in new ankle monitors that will allow more defendants to stay out of jail while their cases are moving through the courts…Funding for the new monitors came from the Ohio Supreme Court. Earlier this year the court ruled that the amount of bail should be based only on how much is needed to ensure a defendant returns to court.

Supreme Court decision: Ohio officials react as Roe v. Wade overturned: The Columbus Dispatch
Reaction came quickly to the U.S. Supreme Court decision overturning the landmark abortion decision Roe v. Wade.

Could the Roe v. Wade ruling could lead to more adoptions in Ohio? Some experts say yes: The Columbus Dispatch
Seventeen-year-old Amanda waited until after Christmas to tell her family she was nearly seven months pregnant. The news came as a shock to her mother, Colleen, who wasted no time in getting her daughter to a doctor to find out how the pregnancy was progressing.

The Spectrum: This week’s abortion ruling; gun legislation signed: WCMH
This week on The Spectrum: The constitutional right to abortion access for women is no longer a guarantee, with the United States Supreme Court overturning Roe v. Wade this week, a precedent that has been on the books for 50 years.

Stark County Sheriff's Office to keep both Concealed Handgun Licensing Centers open: Canton Repository
The Stark County Sheriff's Office will keep its two Concealed Handgun Licensing Centers opened and staffed despite Ohio's new permitless carry law that went into effect this month. Ohio's Constitutional Carry Law removed the requirement that citizens obtain a permit or license to carry a concealed weapon in the open carry state.

Ohio cities won't be allowed to impose rent control under law signed by Gov. Mike DeWine: Cincinnati Enquirer
Ohio cities will be blocked from imposing rent control measures on landlords under a bill signed into law by Gov. Mike DeWine on Friday. House Bill 430 started out as a natural gas line regulation measure but was amended to include a mechanism to preempt local rent control efforts. It was backed by landlords and bankers.

Cedar Point police decision welcomed: The Sandusky Register
When Cedar Point opens in May 2023, the Sandusky Police Department will be fully in charge of all policing authority inside the park and at every other park-owned property in the city…The park-imposed secrecy surrounding this incident exposed the serious potential that policing authority in the hands of a private company is prone to abuse, even if the abuse is unintended. The park's failure to respond prompted the Register to ask the Ohio Court of Claims to require Cedar Point's police department to respond to public records requests the same way every other police department in Ohio is required to respond, and to track and report crime and accidents in the same manner other police departments do.

6th Cir. Holds ‘Objectively Baseless’ Debt Collection Lawsuit Violated FDCPA: Lexology
The U.S. Court of Appeals for the Sixth Circuit recently ruled that a debt collector violated the federal Fair Debt Collection Practices Act.

 

June 24, 2022

Motion filed to dissolve injunction against Ohio's 'Heartbeat' law: WBNS
Ohio Attorney General Dave Yost on Friday filed a motion to dissolve the injunction against the state's heartbeat" law. The motion comes roughly an hour after the U.S. Supreme Court ended constitutional protections for abortion that had been in place for nearly 50 years in a decision by its conservative majority to overturn Roe v. Wade.

The Dobbs v. Jackson Decision, Annotated: The New York Times
The U.S. Supreme Court overruled Roe v. Wade, eliminating the constitutional right to an abortion after almost 50 years in a 6-to-3 ruling.

Supreme Court decisions on Mississippi abortion case ends federal abortion rights: WAPT (Jackson, MS)
The [U.S.] Supreme Court has issued its decision in a Mississippi case that affects federal abortion rights. The case challenged Mississippi’s ban on abortion after 15 weeks. Justices ruled in favor of Dobbs, which effectively overturns the landmark 1973 Roe v. Wade case that legalized abortion nationwide.

Findlay Municipal Court to create e-filing system: The Courier
The Findlay Municipal Court has received a $19,650 technology grant from the Supreme Court of Ohio. The court will use the grant money to implement an e-filing system through the court's case management software. The e-filing system will be a portal on the court’s website. The system will eliminate the need for parties to mail documents or report in person to the court, thus eliminating the transportation barriers for many court users.

Ohio Supreme Court suspends license of lawyer with history of public nudity: Cincinnati Enquirer
A Hamilton lawyer repeatedly exposed himself to other drivers on I-275 and I-75. Thursday, the Ohio Supreme Court indefinitely suspended him from practicing law in Ohio.

Ohio Supreme Court suspends local ex-attorney with history of public indecency: WKRC
The Ohio Supreme Court has indefinitely suspended a local attorney with a long history of indecent exposure charges.

Ohio voters are confused about the upcoming August primary election, groups say: The Statehouse News Bureau
Ohioans will cast votes in a special August 2 primary election in races for Ohio House and Ohio Senate seats. The state legislative races were removed from the May 3 primary ballot due to court challenges and other delays in Ohio's redistricting process. Community groups and other organizations are finding that voters around the state are confused by the special primary date.

VIDEO: During motions hearing, Nylo Lattimore's father attacked his son's accused murderer: WCPO
On Thursday, Desean Brown, accused of murdering 29-year-old Nyteisha Lattimore and putting her son, Nylo, into the Ohio River still alive, was punched by the boy's father during a procedural hearing. During a hearing, Antonio Hughes leapt at Brown, punching him repeatedly in the head and neck before he was held down by officers.

Fireworks in Ohio: Many confused about what you can and can’t do this Fourth of July under new law: WHIO
Competing fireworks laws have a lot of people in the area confused on what they can and can’t do this July 4th holiday. Ohio drastically changed their law this year, allowing consumer grade fireworks to not only be sold but also fired off in the state, but lawmakers also allowed local governments to ban fireworks in their community, if they wanted.

 

June 23, 2022

Voting advocates explore bringing independent redistricting commission to Ohio: Spectrum News1
Ohio voting rights advocates, upset about the way the redistricting processes have gone the last 10 months, are exploring alternative ways for the state to draw its districts in the future.

Lithium-ion battery claims can proceed: Toledo Blade
The Ohio Supreme Court on Wednesday unanimously refused to order a Lucas County judge to dismiss a lawsuit brought against a South Korean maker of lithium-ion batteries by consumers injured when batteries exploded in their pants pockets.

Crossridge Landfill issues get their day in court, hit snag: The Times Leader
The state of Ohio’s efforts to hold Crossridge Landfill owner Joe Scugoza accountable for alleged environmental violations hit a roadblock Tuesday after the attorney for one defendant had to step aside and another fell ill.

Prosecutor: Former township official secretly ran crime ring: The Logan Daily News
In a recent court filing in the appeal case of a former Benton Township trustee who’s in prison on burglary-related charges, a prosecutor from the Ohio Attorney General’s Office repeats the prosecution’s claim that the man led a double life as both a legitimate businessman and the secret leader of a theft ring.

Parole board rejects release of two rapists: The Vindicator
The Ohio Parole Board has rejected the first request by two men who committed brutal rapes as juveniles to be released on parole. Brandon Moore, 36, and Chaz Bunch, 37, were eligible for parole in February, thanks to a 2021 change in Ohio law that granted each man a parole hearing after 18 years served — regardless of their original sentence.

Judge files order in response to latest filing in civil case between Greenfield Exempted Village Schools, Village of Greenfield: The Highland County Press
In the latest filings in the civil case between the Greenfield Exempted Village Schools District and the Village of Greenfield regarding a proposed bus garage, Highland County Common Pleas Court Judge Rocky Coss has denied a motion by the school district to reconsider his summary judgment ruling and made a clarification on admissible evidence.

Justice Thomas Calls Out Sixth Circuit for Getting AEDPA Cases Wrong ‘Almost Two Dozen Times’ This Century: Law & Crime
The Supreme Court of the United States on Tuesday decided not to hear a petition by the State of Ohio, which sought to overturn habeas corpus relief granted to a convicted murderer who was sentenced to die after a trial court refused to allow him to serve as his own lawyer.

Insurer Doesn't Want To Cover PPE Maker In PFAS Suits: Law 360
Admiral Insurance Co. wants a federal judge to say it does not have to cover the defense and possible payouts a northeast Ohio protective gear maker faces in lawsuits filed by firefighters who said they were exposed to cancer-causing chemicals.

Home Aides Ask 6th Circ. To Keep 2-Step Collective Cert. Test: Law 360
The Sixth Circuit should keep using a two-step process to grant collective certification for Fair Labor Standards Act claims, a group of aides argued in a suit alleging that an at-home care provider miscalculated their overtime, saying another appellate court's one-step method would drastically limit who can join collectives. In a brief Tuesday, the former aides for A&L Home Care and Training Center asked the appellate court to keep an Ohio district court decision…

Summer is here, and that means fireworks. Here's what you need to know about Ohio rules: Cincinnati Enquirer
Summer has arrived, which means warm weather, grilling out and a chorus of fireworks crackling in your neighborhood. Legislation signed by Gov. Mike DeWine last year revamped the state's fireworks law after a years-long push by the industry to legalize them.

Slew of Northeast Ohio cities ban fireworks ahead of state law legalizing consumer-grade fireworks: WEWS
Next month, a new fireworks law will go into effect that allows Ohioans to use fireworks from July 1 through 5 as well as on several other dates throughout the year. But cities across Northeast Ohio have stamped down on it.

Fireworks may be legal in Ohio, but not in the city of Toledo: WTOL
With the Fourth of July weekend right around the corner, Toledo police are reminding residents that fireworks are off-limits in the city. "The easy way to think about it is, if it goes boom, it's illegal," Toledo Police Chief George Kral said.

Ohio fireworks laws now different depending on where you live: Dayton Daily News
As the Fourth of July approaches for the first time since Ohio changed its fireworks law, cities are reminding residents that the rules now vary depending on where you live.

Supreme Court could overturn Roe v. Wade decision in matter of days: WKYC
Any day now, the Supreme Court could open the door for individual states to decide whether to ban abortions. The ruling would overturn Roe v. Wade - ending the constitutional right to an abortion, and undoing nearly 50 years of precedent in our country.

 

June 22, 2022

Republicans on Ohio Redistricting Commission file contempt responses with Ohio Supreme Court: Spectrum News1
To show why they should not be held in contempt of court, members of the Ohio Redistricting Commission finished filing responses with the Ohio Supreme Court on Tuesday. The commission ignored the court’s order May 25 to draw and adopt new legislative maps. Republicans, who refused to meet, said they were left with an “impossible choice.”

Commissioners approve mediation special counsel: Star Beacon
The Ashtabula County Board of Commissioners voted on Tuesday to recommend special counsel for the Ashtabula County Court of Common Pleas and Eastern and Western County courts mediation with the Ashtabula County Prosecutor’s Office.

Cleveland man whose murder conviction was overturned after 32 years pleads guilty in 1989 slaying: Cleveland.com
A man who spent more than three decades in prison until a judge overturned his conviction last year pleaded guilty on Tuesday to his involvement in the 1989 slaying of his roommate. The plea agreement struck on Tuesday will allow John Tiedjen to walk out of the county jail, putting a 33-year legal process – including multiple appeals – behind him.

Life sentences overturned for man in rape case: Sentinel-Tribune
Consecutive life sentences imposed against a Toledo man found guilty of rape in a Wood County court in 2020 have been overturned. The 6th District Court of Appeals has overturned Gregory Kamer Jr.’s November 2020 sentence of four consecutive sentences of life in prison without parole, plus 30 months. The court found that testimony of other acts and the improper admittance of numerous incriminating statements through hearsay testimony was allowed by former Wood County Common Pleas Judge Alan Mayberry.

Mayer files appeal following dismissal of lawsuit: The Delaware Gazette
Former Orange Township Fiscal Officer Wesley Mayer has filed an appeal after his lawsuit against the township and its former administrator, Lee Bodnar, was dismissed earlier this year. Mayer’s lawsuit accused Bodnar and the township of defaming him and damaging his reputation when they filed an Ohio Ethics Commission complaint against him in 2019, when both men were Orange Township employees.

Case: Individual Employment Rights/Wrongful Discharge (Ohio Ct. App., 2d Dist.): Bloomberg Law
An Ohio trial court didn’t err in granting summary judgment to Fuyao Glass America, Inc. on a fired at-will employee’s claim of wrongful termination in violation of public policy, the Ohio Court of Appeals, Second District ruled. The employee contends that material issues of fact exist concerning his claims that Fuyao Glass had failed to provide a safe work environment as required by Ohio statutes, when he was forced to have contact with another employee—who’d previously threatened his wife with a gun—leading to a workplace altercation.

Case: Wage & Hour/FLSA Retaliation (S.D. Ohio): Bloomberg Law
A federal district court in Ohio granted summary judgment to the United States Postal Service on a retired mail carrier’s claims that she wasn’t paid overtime in violation of the Fair Labor Standards Act and that she was demoted from acting supervisor in retaliation for filing a grievance with a union.

U.S. Supreme Court rules that Ohio death row inmate should not be transported for neurological testing: Cleveland.com
The U.S. Supreme ruled Tuesday morning, 5-4, that an Ohio man on death row for killing another man in Jefferson County in the 1990s wasn’t required to be transported to Ohio State University’s hospital for neurological testing.

As Supreme Court decision looms, Ohio AG urges FBI to probe anti-abortion center threats elsewhere: Cincinnati Enquirer
As the nation awaits a decision on whether the U.S. Supreme Court will overturn Roe v. Wade, Ohio Attorney General Dave Yost wants threats to anti-abortion pregnancy resource centers investigated swiftly.

U.S. Supreme Court rules against DaVita over dialysis coverage: Reuters
The U.S. Supreme Court on Tuesday rejected dialysis provider DaVita Inc's (DVA.N) claims that an Ohio hospital's employee health plan discriminates against patients with end-stage kidney disease by reimbursing them at low rates in hopes they would switch to Medicare.

Justices grant review in cases on Bank Secrecy Act and False Claims Act: SCOTUSblog
The Supreme Court on Tuesday morning added two cases — one involving the Bank Secrecy Act, the other involving the government’s power to dismiss fraud claims — to its 2022-23 docket. In a list of orders from the justices’ private conference last week, the justices also turned down – over a dissent from Justice Clarence Thomas that was joined by Justice Samuel Alito – a request from Ohio to reinstate the conviction and death sentence of an inmate who was convicted of killing his cellmate.

 

June 21, 2022

GOP mapmakers’ defiance of Ohio high court divides parties: AP News
State leaders continued to spar on Friday over whether the Ohio Supreme Court should force the state's Republican-dominated political mapmaking panel to answer for defying a court order to redraw unconstitutional Statehouse maps. Republican Secretary of State Frank LaRose, the state's elections chief, told justices it's wrong to ask him or any other member of the Ohio Redistricting Commission to show cause for why they ignored the high court's May 25 order.

Ohio's Aug. 2 primary underway: Spectrum News1
Ohio is holding a second primary election on Aug. 2. Military ballots went out last week and in-person early voting starts in a couple weeks. But how did we get here and what should we expect over the next month and a half?

Military ballots shipped for Ohio’s Aug. 2 primary election for state legislative races despite lingering legal challenges: Cleveland.com
Elections workers in Ohio have begun mailing absentee ballots to military members and other overseas voters for the state’s upcoming Aug. 2 special primary election.

Ohio Supreme Court Hears Appeal Case On State Of Ohio Vs. Bortree: WKTN
On June 16th, The Ohio Supreme Court heard the appeal of Ralph Bortree, who was arrested in 2019 for the 1993 attack of a 19-year-old Logan County woman who was abducted, raped, and then left for dead in rural Logan County.

Voices for Change: Ohio Supreme Court Justice Melody Stewart: WEWS
In November 2018, Justice Melody Stewart, who was born in Cleveland's Hough neighborhood, became the first African American elected to the Ohio Supreme Court. She joins Voices for Change to talk about how her life has changed since that election, as well as the highs, lows and challenges of the job, and her life away from work.

Big picture leads small-town judge to Supreme Court: Morning Journal
Seventh District Court of Appeals Judge Carol Ann Robb’s recent duty as a visiting judge for the Supreme Court of Ohio is a reminder of how one person, from rural Ohio, can make an impact.

Fairborn to get second judge; local courts’ caseloads very different: Dayton Daily News
Fairborn Municipal Court is in line to get a second full-time judge after an Ohio study showed the number of filings in one recent year as the largest caseload per judge in the state.

City council votes to remove Repp from Tiffin-Fostoria Municipal Court: WTOL
Tiffin City Council voted to remove Mark Repp from his position with the Tiffin-Fostoria Municipal Court Monday night. That's according to the Seneca County Bar Association. The Ohio Supreme Court suspended Repp back in June 2021 for his conduct during a March 2020 incident where a woman was observing her boyfriend's case in court. According to court documents, Repp called the woman out from the bench and referred to her as a drug addict during an unrelated hearing.

Board of Professional Conduct: Two-year suspension recommendation for Canton attorney: Canton Repository
A Canton attorney is facing a recommendation by the state disciplinary board for a two-year suspension from practicing law. The Ohio Board of Professional Conduct on June 10 recommended the suspension with one year stayed for family and domestic relations attorney Seth W. Arkow.

Victims of attorney theft awarded over $138K: The Highland County Press
The Board of Commissioners of the Lawyers’ Fund for Client Protection recently awarded $138,075 to eight victims of attorney theft. Four former or suspended Ohio attorneys were found to have misappropriated client funds.

New Ohio funeral law takes effect in mid-September: Journal-News
Ohio funeral law, especially governing prepaid contracts, is getting a lot of adjustments under a bill Gov. Mike DeWine has signed. Under the new law, when there’s money left over from fulfilling a preneed funeral contract, the funeral provider must put it into a trust or buy insurance to pay for other preneed funerals.

Seller says new fireworks law is pretty simple: WKBN
Many people found the old Ohio fireworks law confusing. You could buy them here but had to take them out of state. Now, the law is clear and simple. Where you can buy them, and when it’s legal to shoot them off. The state’s new fireworks law has 11 holidays a year when it is legal to shoot off fireworks.

 

June 17, 2022

Gates Mills’ automated camera enforcement of Mayfield Road delayed: Cleveland.com
Camera traffic enforcement was expected to begin this month on Gates Mills’ stretch of Mayfield Road, also known as SR 322, but recent Ohio Supreme Court rulings have caused a delay in the startup.

Delaware County judge fighting what he says are retaliatory, fraudulent legal filings: The Columbus Dispatch
A Delaware County judge is fighting what he says are false claims and fraudulent legal filings from a woman he ruled against in 2018. Common Pleas Court Judge David M. Gormley ruled on Dec. 7, 2018, that a $223,611 foreclosure judgment against Jennifer St. Jacques, which she had contested earlier, was valid, according to court records.

Drug courts greatly needed: The Sandusky Register
This month marks the one-year anniversary of the Erie County Drug Court known as the SMART Program of Erie County (Support & Management for Addiction with Recovery & Treatment). Erie County, like every other court in Ohio, sees evidence of the substance abuse epidemic every day.

Protesters call Ohio's 'Don't Say Gay' bill an educational gag order: WOSU
Opponents gathered in Columbus to protest against a bill that would ban educators from teaching about certain concepts related to race, sexual orientation and more. Those who gathered cheered as speakers outlined what they see as specific problems with the controversial legislation.

DeWine signs legislation buttressing knife carrying expansion: Ohio Capital Journal
After previously approving legislation that allows Ohioans to carry an array of different knives on their persons, Gov. Mike DeWine signed legislation Tuesday that preemptively blocks cities from intervening.

What Does Ohio’s New Firearms Law Mean for Employers?: SHRM
Currently in Ohio, in order to obtain a concealed handgun license, which is valid for five years, an Ohio resident must submit an application to the county sheriff, pay an initial $67 fee, pass a background check, and meet the minimum educational requirements, which include completing eight hours of training (at least two of which must be in-person training) and passing a written test.

Ohio Politics Explained podcast: Gun laws at the local, state and federal levels: The Columbus Dispatch
Ohioans started carrying concealed weapons without permits this week. Federal lawmakers worked on a gun control compromise, and Columbus thinks it's found a way around state law.

6th Circ. Axes Debt Collector's Victory In Spousal Liability Suit: Law 360
The Sixth Circuit has reversed a summary judgment win for debt collector and law firm Finley & Co. LPA, finding the firm wrongfully filed suit against a debtor's wife.

YOUR LEGAL RIGHTS | Roe v. Wade aside, here are 6 other SCOTUS cases to watch: Mahoning Matters
For those of you who are, like me, legal junkies, I want to suggest that you spend some time browsing two fascinating websites that track the U.S. Supreme Court: SCOTUSblog and Oyez.

 

June 16, 2022

High court weighs delay in charging man in woman’s attack: AP News
A man arrested 26 years after an attack on a woman left for dead says the state took too long to charge him and his conviction should be thrown out in a case that’s before the Ohio Supreme Court Thursday.

DNA sleuthing connects man to attack 26 years later. Is it too late under Ohio law?: Cincinnati Enquirer
Advanced DNA testing and the rising popularity of genealogy websites led to Ralph Bortree's conviction 26 years after he slashed a woman's neck and left her for dead. Now, the Ohio Supreme Court will decide whether that conviction stands.

Seasoned judge humbled by Supreme Court service: Mansfield News Journal
Fifth District Court of Appeals Judge Scott Gwin has sat as a visiting judge for the Supreme Court of Ohio several times in his 33 years on the bench, and he is still amazed by the magnitude of serving the state’s high court.

Garcia to be re-sentenced July 27: Star Beacon
After the Ohio Supreme Court declined to hear his appeal, former Conneaut Councilman, caterer and high school sports official Phil Garcia will be re-sentenced on July 27. Garcia pleaded guilty to four counts of compelling prostitution, third-degree felonies, and seven counts of sexual imposition, third-degree misdemeanors, in May 2020, according to court records.

Canfield doctor appeals child sex trafficking conviction to U.S. Supreme Court: WFMJ
A Canfield doctor who prosecutors say forced girls between the ages of 12 and 15 to engage in what prosecutors describe as “commercial sex acts" is asking the U.S. Supreme Court to hear his appeal. Dr. Albert Aiad-Toss, 54, has petitioned the nation's high court to consider his case which resulted in a 22-year sentence and $90,000 in monetary penalties. The Sixth Circuit Court of appeals dismissed his appeal earlier this year.

6th Circ. Denies Class Cert. In Ohio Tax Foreclosure Case: Law 360
A Sixth Circuit panel has shot down a class certification request by the former owner of an abandoned property in Cleveland who argued that Ohio illegally withholds payments to cover the difference between a property's value and a tax debt when the property is taken through an alternative foreclosure process.

Ohio sues Renergy again over EPA violation claims: Dayton Daily News
The Ohio Attorney General has filed another lawsuit against Renergy, Inc., three organic waste processing facilities it operates, including its Dovetail facility in Bath Twp., and other associated companies for failure to comply with EPA regulations.

More women than men in Ohio prisons for drug offenses, according to ACLU: WEWS
Prison populations are always changing — offenders coming in, as others are being released. But according to the ACLU of Ohio, for several years, there's been a consistent, troubling trend. The non-profit's latest report shows women in Ohio are sent to prison more often for drug offenses than their male counterparts.

Commissioners approve public defender agreement: Tribune Chronicle
Trumbull County commissioners in a 2-to-1 vote on Wednesday approved a $282,444 yearlong contract with the Ohio Public Defender’s Office.

More cities in Northeast Ohio ban consumer use of fireworks despite state's new legalization: WKYC
The city of Mentor is the latest Northeast Ohio municipality that has decided to prohibit the use of consumer-grade fireworks despite the state’s decision to legalize the activity on select days of the year starting next month.

 

June 15, 2022

Ohio courts: Should mental health service providers be liable for a patient's suicide?: Cincinnati Enquirer
The Ohio Supreme Court, which heard arguments Tuesday, will decide whether those providing mental health services are immune from lawsuits if their patients kill or harm themselves.

Gibson's Bakery appeal to the Ohio Supreme Court: The Chronicle
The legal battle between Oberlin College and Gibson's Bakery will continue after the bakery filed an appeal to the Ohio Supreme Court this week. A month after Oberlin College appealed to justices a ruling by the 9th District Court of Appeals against it, attorneys for the bakery and the Gibson family filed their own appeal with the state's highest court on Monday.

Ohio Supreme Court to hear municipal income tax case: The Center Square
The Ohio Supreme Court will hear a case challenging the state’s municipal income tax code that allowed cities to levy taxes on workers who did not live or work in those communities during the COVID-19 pandemic.

Federal judge rejects Ohio Republican legislative candidate’s lawsuit to get on Aug. 2 ballot: Cleveland.com
A federal judge has rejected a Cincinnati-area woman’s attempt to sue to make it on the ballot as a Republican in the upcoming special Aug. 2 primary election for state legislative candidates.

Animals to benefit from court award: The Vindicator
The two charities that animal lover Dolores Falgiani of Boardman left in her will before she died in 2016 are expected to split nearly $100,000 that an Ohio Supreme Court fund has awarded to them. The court’s Board of Commissioners of the Lawyers’ Fund for Client Protection announced this week that it has awarded $100,000 to Falgiani’s estate to compensate it for the thefts that former attorney and former Mahoning County judge Diane Vettori Caraballo of Youngstown stole from Falgiani’s home and estate.

5 years later: convicted serial killer George Brinkman gets another chance in court: WOIO
Convicted killer George Brinkman is getting another chance in court. It’s been five years since the shocking murders of a mom and her two daughters in North Royalton and a Stark County couple just a day later.

Conservation Tax Break Rules Challenger Asks for a Rehearing: Bloomberg Tax
A full slate of appeals court judges should rehear a challenge to IRS conservation tax break regulations after the majority of a three-judge panel upheld the rules, a land holding company said. Oakbrook Land Holdings LLC filed the request Monday after losing its appeal on March 14 before a panel of the U.S. Court of Appeals for the Sixth Circuit, which governs federal cases in Tennessee, Ohio, Kentucky, and Michigan. The panel’s decision affirmed a 2020 U.S. Tax Court ruling.

Sarah Skow is new president of Toledo Bar Association: Toledo Blade
Quoting the late U.S. Supreme Court Justice Ruth Bader Ginsburg and poet and author Maya Angelou, Toledo Bar Association President Sarah Skow laid out her plan Tuesday to address gaps in diversity and access to justice.

 

June 14, 2022

Dentons claims $32 mln malpractice verdict unfairly opens door for plaintiffs: Reuters
Law firm Dentons US has asked the Ohio Supreme Court to scrap a former business client's $32 million malpractice verdict that the global law firm said will pose "serious threats" to the legal profession if it is allowed to stand.

Janitorial Services, Cable Installation, and Door-to-Door and Internet Sales Industries Did Not Fare Well Last Month: JD Supra
The Ohio Supreme Court has affirmed a determination of the state’s Bureau of Workers’ Compensation that cable installers are not independent contractors under the state’s workers’ compensation laws.

Open Meeting Bounty Hunter Sues Geauga GOP Central Committee, Chair: Geauga County Maple Leaf
A Portage County resident has filed a lawsuit against the Geauga County Republican Party Central Committee and party Chairman Nancy McArthur alleging they failed to conduct official business in an open meeting.

Columbiana officials discuss new Ohio fireworks law: Morning Journal
City officials decided last week against banning fireworks on city-owned property and instead began the process to restrict hours for the discharge of fireworks on private property.

6th Circ. Again Backs Zurich In Eateries' Virus Appeal: Law 360
The Sixth Circuit ruled against a group of mostly Midwestern restaurants in their bid for COVID-19 coverage from Zurich American Insurance Co. for the second time. Months after it reversed summary judgment for Henderson Road Restaurant System and a slew of other companies that operate 16 restaurants in Ohio, Michigan, Florida, Indiana and Pennsylvania, a three-judge panel Monday affirmed the updated summary judgment against the restaurants.

FirstEnergy, Investors Say $180M Deal Resolves Bribe Suit: Law 360
FirstEnergy Corp. and a group of its shareholders have asked an Ohio federal judge to dismiss a suit over the company's billion-dollar nuclear energy bailout bribery scandal, telling the judge the claims have been addressed by a $180 million settlement in another case.

Case: Discrimination/Race Discrimination (S.D. Ohio): Bloomberg Law
Charter Communications, Inc. is entitled to summary judgment on the race and age discrimination claims in violation of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and Ohio law of a 47-year old Black credit service associate terminated after hanging up on a customer, a federal district court ruled.

 

June 13, 2022

Ohio Supreme Court dismisses one redistricting-related lawsuit, others still pending: WKSU
The Ohio Supreme Court has dismissed a redistricting-related case after a Democratic politician reached an agreement with a local board of elections and the secretary of state’s office.  Rep. Adam Miller (D-Columbus) filed the lawsuit in the state supreme court earlier this month.

Ohio lawyer can't dodge contempt for pulling down mask, appeals court says: Reuters
An Ohio appeals court on Friday partially upheld a contempt of court finding against a Cleveland lawyer who violated a courthouse mask rule during the pandemic.

Handguns still banned from courthouse, despite law change: Richland Source
Despite a new law change, “qualifying adults” are still prohibited from carrying handguns into courthouses. On Monday, June 13, Senate Bill 215 takes effect, allowing “qualifying adults” in Ohio to carry a concealed handgun without the need for a concealed handgun license.

Ohio law ending conceal carry permit mandate goes into effect Monday: What to know: WLWT
A measure dubbed "constitutional carry" signed into law by Republican Gov. Mike DeWine goes into effect June 13. The measure was signed into law on March 14. The law makes a concealed weapons permit optional for anyone legally allowed to carry a gun.

Ohio Gov. Mike DeWine signs law to arm teachers with 24 hours of training: The Columbus Dispatch
School districts across Ohio will be able to authorize teachers, principals and other staff to carry firearms into classrooms this fall after 24 hours of training.  The new law, signed Monday by Republican Gov. Mike DeWine, will lower the required training hours for armed school personnel from about 700 hours to four scenario-based training hours, plus a maximum of 20 hours for first aid training, history of school shootings and reunification education.

Civil rights panel backs two county officeholders: Tribune Chronicle
In separate cases, the Ohio Civil Rights Commission has ruled in favor of Trumbull County Engineer Randy L. Smith and Commissioner Niki Frenchko in discrimination cases filed against them.

Motions filed to dismiss charges against Bellbrook school superintendent: Dayton Daily News
The attorney for Bellbrook-Sugarcreek school Superintendent Doug Cozad has filed to have criminal charges against him thrown out on constitutional grounds.

Seasoned judge humbled by Supreme Court service: The Highland County Press
Fifth District Court of Appeals Judge Scott Gwin has sat as a visiting judge for the Supreme Court of Ohio several times in his 33 years on the bench, and he is still amazed by the magnitude of serving the state’s high court. “Each opportunity to participate in this process is still a very moving experience for me,” said Judge Gwin of his most recent Supreme Court case last month.