Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 , 2006 , 2007 , 2008 , 2009 , 2010.

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March 30, 2005

Today's topics:  attorney misconduct, consistent felony sentencing, contract and common law, copyright infringement, sentencing guidelines, sufficiency of evidence, trade secrets (KY), trademark infringement, workers' compensation

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

Ohio Supreme Court

Disciplinary Counsel v. Beeler (March 30, 2005)(2005-Ohio-1143)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1143.pdf 
Jonathan E. Coughlan and Lori J. Brown, relator; Geoffrey Stern, Christopher J. Weber, and Rasheeda Z. Khan (Kegler Brown Hill & Ritter), respondent
Attorneys - Misconduct - Engaging in conduct involving deceit, fraud, misrepresentation, or dishonesty - Engaging in conduct that adversely reflects on fitness to practice law - Handling a legal matter without adequate preparation - Neglecting an entrusted legal matter - Concealing a matter for which disclosure is required - Two-year suspension, 18 months stayed, on conditions.

State ex rel. Cincinnati Bell Tel. Co. v. Pub. Util. Comm. (March 30, 2005) (2005-Ohio-1150)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1150.pdf 
Douglas E. Hart (Frost Brown Todd), relator; Michael Thomas, Stephanie M. Howard (Vorys Sater Seymour & Pease), amicus
Public Utilities Commission-Appeals-Commission's duty to transmit record to Supreme Court-Service of notice of appeal on commission-R.C. 4903.13 and 4903.21.

State ex rel. Harris v. Horvath (March 30, 2005) (2005-Ohio-1149)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1149.pdf 
Matthew Harris, pro se; D.Chris Cook, Asst. Prosecuting Atty (Lorain), appellee
Mandamus - R.C. 2717.01 name-change proceeding - Indigent plaintiff not entitled to have publication costs waived by probate court and taxed as costs.

State ex rel. Maynard v. Invensys Application Controls (March 30, 2005)(2005-Ohio-1147)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1147.pdf 
Michael J. Muldoon, appellant; Charles D. Smith and Eric S. Bravo (Roetzel & Andress), appellee; Paul H. Tonks, Asst. Atty. Gen'l, appellee
Workers' compensation - Court of appeals' judgment affirmed.

State ex rel. McCallister v. Indus. Comm. (March 30, 2005)(2005-Ohio-1145)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1145.pdf 
Steve C. Carr, appellee; Dennis H. Behm, Asst. Atty. Gen'l, appellant
Workers' compensation - Retroactive payment of statutory PTD compensation - Court of appeals' judgment reversed and order of Industrial Commission reinstated.

State ex rel. S. Rosenthal & Co., Inc. v. Indus. Comm. (March 30, 2005)(2005-Ohio-1148)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-1148.pdf 
M. Scott Young (Thompson Hine), appellant; Charissa D. Payer, Asst. Atty. Gen'l, appellee
Workers' compensation - Court of appeals' judgment affirmed.

First District Court of Appeals

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Hamilton County Sheriff v. Fraternal Order of Police (March 30, 2005)
../../firstdistrict/2004/C-040204.pdf
FPO represents sheriff employees and began negotiating a collective bargaining agreement in 2002. The parties could not agree on residency requirements and special duty compensation and the State Employment Relations Board (SERB) ordered these items submitted to conciliation (binding arbitration). The Sheriff, 4 days before conciliation, sought to remove the arbitrator for bias, as she had issued a ruling adverse to the Sheriff in another matter. SERB denied her removal, and she subsequently issued her award. The Sheriff appealed and the award was vacated by the trial court because of bias. Reversed, because no proof of actual bias.

State v. Carr (March 30, 2005)
../../firstdistrict/2004/C-040439.pdf 
Carr appealed his conviction, arguing that when he took his friend's truck, he thought that he had permission, and thus an affirmative defense. He also asserted that the trial court erred in sentencing.  Affirmed.

State v. Franjonnie (March 30, 2005)
../../firstdistrict/2004/C-040459.pdf
Franjonnie appealed her 18 month sentence for theft, the maximum for a 4th degree felony. Reversed and remanded for resentencing, because trial court finding that there was violation of public trust was error.

State v. Johnson (March 30, 2005)
../../firstdistrict/2004/C-040583.pdf
Johnson was convicted of obstructing official business and appealed, challenging the sufficiency of the evidence. Affirmed.

State v. McGee (March 30, 2005)
../../firstdistrict/2004/C-040501.pdf
Convicted of assault, McGee moved to withdraw his no-contest plea prior to sentencing. The trial court denied the motion and McGee appealed. Reversed and remanded, because trial court should freely grant motion to vacate no-contest plea before sentencing, rather than summarily deny it.

State v. Richardson (March 30, 2005)
../../firstdistrict/2004/C-040257.pdf
Richardson appealed her sentence for burglary, because it was inconsistent with co-defendants and other defendants sentenced in same 6 month period. Affirmed, because no requirement of identical sentences and trial court determination was based on review of many factors.

State v. Weaver (March 30, 2005)
../../firstdistrict/2004/C-040502.pdf
Weaver was sentenced to 6 months of confinement and 5 years of community control for each of 4 convictions. He violated community control and was given 4 consecutive one-year sentences. Affirmed.

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

No opinions.
 

U.S. Sixth Circuit Court of Appeals: Other States Cases

ATC Distribution Group v. Whatever It Takes Transmissions & Parts, Inc. (March 30, 2005)(Appeal from W.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0149p-06.pdf 
A former employee of ATC started a competing transmissions company, hired away some of ATC's staff, and created a parts catalog similar to ATC's. ATC sued on intellectual property and unfair business claims. including copyright and trademark infringement, unjust enrichment and quantum meruit, and trade defamation. The district court granted summary judgment to Whatever It Takes and other defendants on all but 2 counts, one of which was left unresolved. ATC won summary judgment on an unfair competition claim. Affirmed, because catalog lacked originality and didn't deserve copyright protection, the taxonomy creating the part numbers was an idea also not copyrightable, the parts illustrations were unoriginal and not worthy of copyright protection, the customer lists were not trade secrets, and because employees did not breach fiduciary duty to ATC by taking account information that was not used.

Grubb & Ellis v. Gaedeke Holding (March 30, 2005) (Appeal from M.D.Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0152p-06.pdf 
G&E acted as exclusive brokers for Gaedeke, and were entitled to a commission based on leases, including those signed up due to continuing negotiations within 90 days after termination of the broker agreement.  A G&E broker was in negotiations with Bridgestone, a potential tenant but then left G&E. Gaedeke terminated the agreement with G&E and 9 months later, signed a lease with Bridgestone. G&E sued for its commission. The district court dismissed their claim, finding that Tennessee common law required them to show "procuring cause" of the lease and this trumped any contrary contract clause. Reversed, finding that there is no such constraint on contracting parties.

United States v. Forrest (March 30, 2005)(Appeal from W.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0151p-06.pdf 
Forrest was convicted of armed robbery, violating the Hobbs Act (obstructing interstate commerce by robbery) and brandishing a firearm.  His sentence included the statutory minimum for brandishing a firearm. Affirmed conviction, but remanded for resentencing because reduction in Hobbs Act sentence to 1 year was not authorized by the guidelines, and district court, in light of higher sentencing guidelines and U.S. v. Booker, might have decided the sentence differently.

United States v. Stonefish (March 30, 2005)(Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0150p-06.pdf 
Stonefish was convicted of transporting illegal aliens and challenged the sufficiency of the evidence and use of a special verdict form. Affirmed.

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