Daily Case Update Archive

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May 16, 2007

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

TOPICS:
- Discretionary appeal
- Petition for writ of mandamus
- Attorney misconduct
- Taxation - Late-filing penalties
- Criminal law
- Postsettlement interest
- Political subdivision
- Findings of fact and conclusions of law
- Dental Malpractice claim - Statute of limitations
- Ineffectiveness of counsel
- Motion to Correct Unlawful Sentence
- Motion to enforce the judgment
- Employee Retirement and Income Security Act (ERISA)
 

Ohio Supreme Court

 

State v. Brewer(May 16, 2007)(2007-Ohio-2079)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-2079.pdf
-  Discretionary appeal accepted and cause remanded to the court of appeals for consideration of an assignment of error.
 
State ex rel. Martin v. Mannen (May 16, 2007)(2007-Ohio-2078)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-2078.pdf
-  Court of appeals’ judgment denying petition for writ of mandamus affirmed * R.C. 2938.11(F) provision that judge announce verdict within 48 hours after submission of the case is directory.
 
Columbus Bar Assn. v. Dugan (May 16, 2007)(2007-Ohio-2077)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-2077.pdf
-  Attorney misconduct * Public reprimand * Attorney failed to notify Disciplinary Counsel that he had hired suspended attorney to work as paralegal in his office * Attorney made misleading and self-laudatory claim when publicizing his services.
 
Disciplinary Counsel v. Mathewson (May 16, 2007)(2007-Ohio-2076)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-2076.pdf
-  Attorneys * Misconduct * Engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation * Conduct adversely reflecting on fitness to practice law * Conduct prejudicial to the administration of justice * Failing to maintain separate account * Charging excessive fees * Failure to promptly return unpaid fees * Neglect of entrusted legal matter * Failure to cooperate in a disciplinary investigation * Indefinite suspension.
 
Disciplinary Counsel v. Robertson (May 16, 2007)(2007-Ohio-2075)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-2075.pdf
-  Attorneys * Misconduct * Using client confidences to attorney’s own advantage * Conflicts of interest * Mismanagement of client’s property * Conduct adversely reflecting on fitness to practice law * Collecting an excessive fee * Indefinite suspension.
 
Disciplinary Counsel v. Johnson (May 16, 2007)(2007-Ohio-2074)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-2074.pdf
-  Attorney misconduct * One-year suspension with six months stayed on condition * Conduct adversely reflecting on attorney’s fitness to practice law * Charging a clearly excessive fee.
 
J.M. Smucker, L.L.C. v. Levin (May 16, 2007)(2007-Ohio-2073)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-2073.pdf
-  Taxation * Tax Commissioner * Abuse of discretion * Late-filing penalties * Reasonable cause for delay * Decision affirmed.
 
Shaker Hts. v. Mosely (May 16, 2007)(2007-Ohio-2072)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-2072.pdf
-  Criminal law * Lesser included offenses * Minor misdemeanor disorderly conduct under R.C. 2917.11(A)(1) is lesser included offense of domestic violence under R.C. 2919.25(C).
 
Bellman v. Am. Internatl. Group (May 16, 2007)(2007-Ohio-2071)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-2071.pdf
-  Settlements * R.C. 1343.03 * Postsettlement interest * Accrual * Interest on settlement accrues from date of settlement agreement, unless parties negotiate different date and incorporate it into agreement * Parol evidence may not be introduced to vary terms of written agreement * Postsettlement-interest claim properly brought against tortfeasor, not tortfeasor’s insurer.
 
Elston v. Howland Local Schools (May 16, 2007)(2007-Ohio-2070)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-2070.pdf
-  Political subdivision * Immunity * The immunity from liability referenced in R.C. 2744.03(A)(5) applies to the political subdivision itself and to the individual employees of the political subdivision who exercise “judgment or discretion in determining whether to acquire, or how to use, equipment, supplies, materials, personnel, facilities, and other resources unless the judgment or discretion was exercised with malicious purpose, in bad faith, or in a wanton or reckless manner.”
 

First District Court of Appeals

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*** Judgment Entries ***
 
Perry v. Citizens' Committee on Youth, et al. (May 16, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060223_05162007.pdf
-  Perry sued defendants-appellees for breach of implied contract and promissory estoppel. Following a bench trial, the trial court ruled in favor of CCY, Kennedy, and Jordan on both counts. Perry now appeals. She raises three assignments of error in which she argues that the trial court erred by (1) finding that she was an employee terminable at will; (2) not issuing findings of fact and conclusions of law; and (3) rendering a judgment that was against the manifest weight of the evidence. Due to the trial court’s failure to comply with Civ.R. 52, we reverse the judgment and remand this case to the trial court with instructions to make written findings of fact and conclusions of law and to enter judgment consistent with those findings of fact and conclusions of law.
 
Howell v. Schwartz (May 16, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060462_05162007.pdf
-  Howell, filed a complaint alleging dental malpractice against Barry Schwartz, DDS. Both parties filed motions for summary judgment. Schwartz argued that Howell’s complaint was filed outside the statute of limitations set forth in R.C. 2305.113. Howell argued that he was entitled to prevail on the merits as a matter of law. The trial court granted Schwartz’s motion and denied Howell’s motion. Judgment AFFIRMED.
 
State v. Conyers (May 16, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060491_05162007;%20C-060492;%20C-060493.pdf
-  Conyers entered guilty pleas to nonsupport of dependents, failure to comply with the order of a police officer, and trafficking in marijuana. The trial court sentenced Conyers to prison for an aggregate term of five years and three months. Conyers argues that his guilty pleas were the result of the ineffectiveness of counsel. Judgment AFFIRMED.
 
State v. Beard (May 16, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060612_05162007.pdf
-  Jeffery Beard presents on appeal a single assignment of error challenging the Hamilton County Common Pleas Court’s judgment overruling his “Motion to Correct Unlawful Sentence.” Judgment AFFIRMED.
 
Body Power, Inc. v. Mansour (May 16, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060847_05162007.pdf
-  In October 1993, Body Power sued Mansour, seeking damages and the appointment of a receiver for business assets that Mansour had allegedly concealed or misappropriated. The trial court ultimately entered summary judgment in favor of Mansour in September 1996. Mansour filed a motion for the court to enforce the summary judgment and to return the business assets to his control. In 1999, the court overruled the motion, stating that the cause had been dismissed as a result of the summary judgment in Mansour’s favor and that there was “no case pending and no judgment which can be enforced.” Mansour now argues that the trial court erred in overruling the motion to enforce the 1996 summary judgment. We reverse the judgment of the trial court and remand the cause for enforcement of the summary judgment to the extent necessary to properly allocate the business assets, if any remain.
 

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

 

No Opinions.
 

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

 

Cooper v. Life Ins Co (May 16, 2007) (Appeal from E.D. Tenn)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0177p-06.pdf
-  Becky Cooper appeals from an adverse judgment in her suit for long-term disability insurance benefits. Her employer’s plan is subject to the provisions of the Employee Retirement and Income Security Act (ERISA). Because we conclude that the decision of Life Insurance Company of North America (LINA), the plan administrator, to deny long-term disability benefits to Cooper was arbitrary and capricious, we REVERSE the judgment of the district court and REMAND the case for entry of an order requiring LINA to award benefits retroactive to the date on which Cooper’s short-term disability benefits ceased, and for such incidental relief as the district court may find appropriate in light of our decision.
 

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