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 21, 2007

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

TOPICS:
- Attorneys * Misconduct
- Divorce * Residency requirements
- Taxation * Real property
- Medical malpractice
- Insurance*Uninsured-motorist coverage
- Workers' compensation
- Debtor's default - commercially reasonable
- Postconviction relief - Motion for Correction of Sentence
- Motion to Withdraw Guilty Plea/Modify Sentence
- Evidence - elements of the charged proven beyond a reasonable doubt
- Social Security Act - sixty day time limit - equitable-tolling claim
- Breach of contract - capital payment certifications
 

Ohio Supreme Court

 

Warren Cty. Bar Assn. v. Marshall (March 21, 2007) (2007-Ohio-980)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-980.pdf
-  Attorneys at law * Misconduct * Two-year suspension.
 
Disciplinary Counsel v. Cox (March 21, 2007)(2007-Ohio-979)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-979.pdf
-  Attorneys * Misconduct * Indefinite suspension.
 
Toledo Bar Assn. v. Van Horn (March 21, 2007)(2007-Ohio-978)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-978.pdf
-  Attorneys at law * Misconduct * Indefinite suspension.
 
Disciplinary Counsel v. Young (March 21, 2007)(2007-Ohio-975)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-975.pdf
-  Attorney misconduct * Conduct that adversely reflects on lawyer's fitness to practice law * Neglect of entrusted legal matter * Failure to properly account for client funds * Intentional failure to carry out contract for professional services * Indefinite suspension.
 
Akron Bar Assn. v. Amourgis (March 21, 2007)(2007-Ohio-974)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-974.pdf
-  Attorney misconduct * One-year suspension with entire suspension stayed on conditions * Attorney mailed solicitations to defendants in civil actions without first verifying that they had been served with notice of the action * Conduct prejudicial to the administration of justice.
 
Barth v. Barth (March 21, 2007)(2007-Ohio-973)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-973.pdf
-  Divorce * Residency requirements * Strict requirements of R.C. 3105.03 * A plaintiff must have been a resident of Ohio for six months immediately prior to the filing of a divorce complaint * In determining compliance with residency requirements, the court cannot consider either spouse's motives for leaving Ohio.
 
Girl Scouts-Great Trail Council v. Levin (March 21, 2007)(2007-Ohio-972)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-972.pdf
-  Taxation * Real property * R.C. 5709.12(B) * Exemption for property used exclusively for charitable purposes * Income generated by shop does not disqualify shop from exemption when shop is not operated with view to profit, enterprise does not compete with commercial, for-profit enterprises, and prices charged are intended to cover costs of operation.
 
Fehrenbach v. O'Malley (March 21, 2007)(2007-Ohio-971)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-971.pdf
-  Medical malpractice * Loss of consortium * Statute of limitations * R.C. 2305.16 * Parental loss-of-consortium claim is tolled during period of child's disability.
 
State Auto. Ins. Co. v. Pasquale (March 21, 2007)(2007-Ohio-970)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-970.pdf
-  Insurance*Uninsured-motorist coverage*Coverage against damages caused by off-road vehicles not required by former R.C. 3937.18.
 
State ex rel. Honda of Am. Mfg. Co. v. Indus. Comm. (March 21, 2007)(2007-Ohio-969)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-969.pdf
-  Workers' compensation * Temporary total disability * Claimant's eligibility for temporary total disability compensation not forfeited by activities in business owned by claimant, when activities are not remunerated and are consistent with claimed inability to return to former job.
 
State ex rel. Cafaro Mgt. Co. v. Kielmeyer (March 21, 2007)(2007-Ohio-968)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-968.pdf
-  Workers' compensation * Classification of occupations.
 

First District Court of Appeals

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*** Judgment Entries ***
 

Transport Funding, LLC v. Pettijohn (March 21, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-050845.pdf
-  Pettijohn contracted with plaintiff-appellee Transport Funding, LLC, for the purchase of a 1997 Freightliner commercial truck. Pettijohn defaulted on the contract terms by failing to make scheduled payments. The truck was sold at public sale for $8,000. After deducting this from Pettijohn's debt, there remained an outstanding balance of $15,275.68. When Pettijohn either refused or failed to pay the outstanding balance, Transport Funding filed suit. The trial court granted summary judgment to Transport Funding and awarded $15,275.68 plus 18% interest. Pettijohn now appeals and argues that the trial court erred in granting summary judgment to Transport Funding because a genuine issue of material fact exists as to whether (1) the sale of the truck was commercially reasonable under R.C. 1309.627, and (2) an accord and satisfaction occurred between Pettijohn and Transport Funding regarding the outstanding balance on the truck. Judgment AFFIRMED.
 
State v. Black (March 21, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060154.pdf
-  Black presents on appeal two assignments of error that, in essence, challenge the common pleas court's denial of his petition for postconviction relief. Judgment AFFIRMED.
 
State v. Cocrel (March 21, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060416.pdf
-  Cocrel was convicted upon guilty pleas to two counts of felonious assault and the accompanying firearm specifications and was sentenced to four years in prison. From his convictions, he took no appeal. Instead, in April of 2006, he filed with the common pleas court a "Motion to Withdraw Guilty Plea/Modify Sentence." In support of his motion, Cocrel invoked Crim.R. 32.1. But Crim.R. 32.1 provides relief in the form of withdrawing a guilty plea, and Cocrel sought by his motion not to withdraw his guilty pleas, but to "reduc[e]" his sentences to the statutory minimum. Judgment AFFIRMED.
 
In Re:  Collins (March 21, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060495.pdf
-  Collins appeals from his May 2006 adjudication as a delinquent child by the Hamilton County Juvenile Court for receiving a stolen van, in violation of R.C. 2913.51, a fourth-degree felony if committed by an adult. Collins challenges the sufficiency of the evidence adduced to prove that he had been driving a stolen van as alleged in the complaint. Judgment AFFIRMED.
    

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

 

No Opinions.
 

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

 

Cook v. Comm Social Security  (March 21, 2007) (Appeal from E.D. Ky.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0106p-06.pdf
-  Elbridge Cook, Jr. appeals from the district court's dismissal of his complaint for Social Security benefits as untimely filed. The sole issue before us is whether Cook's complaint was filed on the last day of his 60-day window to appeal or one day beyond the close of that period. For the reasons set forth below, we AFFIRM the judgment of the district court.
 
Baptist Physician v. Humana Military  (March 21, 2007) (Appeal from E.D. Tenn.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0107p-06.pdf
-  In this appeal, Defendant, Humana Military Healthcare Services, Inc., appeals the district court's order finding Defendant liable to Plaintiffs, Baptist Physician Hospital Organization, Inc. and Baptist Hospital of East Tennessee, Inc., for breach of contract and awarding Plaintiffs $1,277,872.90 in compensatory damages, as well as $731,488.65 in prejudgment interest. Plaintiffs properly invoke diversity of citizenship as the basis for federal jurisdiction in this case. See 28 U.S.C. § 1332. For the reasons that follow, we AFFIRM the district court's order.
 

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