Cleveland Law Library Weblog

Cuyahoga County Commissioner's Economic Development Handbook

To find out about economic development programs which may assist your clients, consult the Economic Development Assistance Handbook compiled by the Cuyahoga County Board of Commissioners.  The 47 page book details programs from 15 different organizations, and provides links for more information.  Programs include public financing assistance and economic development technical assistance from such organizations as the Cuyahoga County Department of Development, Ohio Department of Development, Council of Development Finance Agencies, City of Cleveland Department of Economic Development and the Small Business Administration.

SEC Issues Final Rules for Proxy Materials on the Internet

The SEC issued its final rules concerning posting proxy materials on the Internet, as an alternative to sending them by mail. A company must issue notices indicating that the proxy materials are available on the web.  The final rules can be viewed in the  SEC Release No. 34-55146, Jan. 22, 2007.  For more details see SEC Posts Final Rules for Internet Availability of Proxy Materials by Bricker & Eckler, Jan. 2007.

Sixth Circuit Denies Expert Witness Fees as Costs

Per the Myfairdebt.com Forum, the Sixth Circuit held that expert witness fees could not be taxed as costs because 28 U.S.C. 1920 does not so provide.  Some of the expert witnesses expenses for travel and attendance may be recoverable as ordinary witness costs under 28 U.S.C. 1821. L& W Supply Corp. V. Acuity (Jan. 23, 2007), Sixth Circuit Case No. 05-6845. 

Whitehouse becomes Gatekeeper for Agency Regulations and Policy Statements

In an executive order issued last week, President Bush mandated that each agency must have a regulatory policy office run by a White House appointee.  See Executive Order, Jan. 18, 2007.  The policy office will supervise the development of regulations and policy statements.  Moreover, any significant guidance documents must be submitted to the White House for review.   In order to warrant new agency regulation, agencies must articulate the "specific market failure" or "problem that justifies intervention".  While business groups favored the executive order.  Consumer, labor and environmental groups said it will interfere with agencies' ability to protect the public.  Bush Directive Increases Sway on Regulation by Robert Pear, New York Times, Jan. 30, 2007. 

Could the increased White House control of regulatory agencies lead to more "silent tort reform" by federal regulatory preemption of state laws?  See our prior posts:  More on Silent Tort Reform; Are Federal Regulators Thwarting Personal Injury Claims?

Formal Process for Adoption of Smoking Ban Regs Begins

On Jan. 25, 2007, the Ohio Department of Health filed its proposed smoking ban regulations with the Secretary of State and the Legislative Service Commission, beginning the formal process for adopting regulations.  There will be a 65 day public comment period on the rules.  A public hearing will be held on Feb. 27 in Columbus, Ohio, where individuals can testify and provide comments about the regulations.   More information on the hearing, including preregistration information is available in the following ODH press release: ODH Begins Formal Rule-Making Process for Indoor Smoking Ban, Jan. 25, 2007. 

The proposed regulations can be accessed at the  Department of Health's Website, or through the  Register of Ohio, Rules for Deparment of Health.  To access via the register, keep hitting "next" at the bottom of the screen, until you get to Rule No. 3701-52-01 thru -09, filed 1-25-07.   

The Department of Health hopes to begin enforcing the ban in April.  See Smokers to Get 1 Warning, then Fines Start for Violating Indoor Smoking Ban by John Seewer, The Plain Dealer, Jan. 26, 2007. 

Ohio Pet Trusts

The new Ohio Uniform Trust Code provides for trusts to take care of a person's pet when the person passes away.  The relevant section is ORC 5804.08.  For an article on Ohio pet trusts, see Ohio's Pet Trust Statute by Julie Mills, Louisiana Pet Lawyer Blog, Jan. 16, 2007.  Source: "Ohio's Pet Trust Statute", Stark County Law Library Blog, Jan. 23, 2007.  Also see: Ohio Law Helps You Provide for Fido After You're Gone, OSBA Law You Can Use.

Cincinnati Panhandler Registration Ordinance Unconstitutional

A Cincinnati ordinance requiring panhandlers to obtain licenses was unconstitutional because it did not provide for a prompt appeal of a denial or revocation of a panhandling license.  The ordinance merely stated that the Office of Administrative Hearings shall hear the appeal "within a reasonable time as set forth within its regulations".  Provisions prohibiting verbal solicitation in certain areas were upheld as constitutional.  State v. Dean (Jan. 12, 2007), Hamilton App. No. C-050871, 2007-Ohio-91.  Source:  Cincinnati panhandling registration ordinance in part unconstitutional by Chuck Kallendorf, Cincinnati Law Library Blog, Jan. 18, 2007. 

A similar suit filed in the federal court, Southern District of Ohio, remains pending.  That suit,  Henry v. Cincinnati, S.D. Ohio Case No. 1:03-cv-00509-SJD, is discussed in our prior post: Licenses for Panhandlers: Crime Deterrent or Free Speech Violation?.  Also, see our prior post concerning Cleveland's aggressive solicitation ordinances:  Council Renews Aggressive Panhandling Ordinance, Tweaks Language, Read the New Cleveland Panhandling Ordinance.

Asbestos Plaintiffs' Law Firm Barred from Cuyahoga County Courts

Judge Harry Hanna, of the Cuyahoga County Common Pleas Court asbestos docket, revoked the pro hac vice privileges of a plaintiffs' law firm, because the plaintiffs' attorney lied to the court on numerous occasions and obstructed the court's investigation into his deceits. The plaintiffs' attorney, Christopher Andreas of Brayton Purcell L.L.P., told the court that he had not requested destructive testing of plaintiff's lung, when in fact, he had.  The attorney also submitted false claims to an asbestos trust.  In order to recover from several different asbestos trusts, the attorney gave different versions of how the plaintiff was exposed to asbestos.

The court refused to dismiss the asbestos case, finding that plaintiffs (relatives of a man who had died of mesothelioma, and the man's estate) did not know about the falsifications made by their attorney. To read the order, Kananian v. Lorillard Tobacco Co. (Jan. 18, 2007), Cuyahoga CP Case No. CV 442750,  Download final_kananian_order1.doc  See Law Firm Barred from Ohio Court in Asbestos Case by Dave Lenckus, Business Insurance, Jan. 19, 2007; Judge Becomes National Legal Star by James F. McCarty, The Plain Dealer, Jan. 25, 2007; Judge Slams Plaintiffs’ Firm in Asbestos Case by Peter Lattman, Wall Street Journal Online, Jan. 22, 2007. 

Article on new Ohio CAT Tax Rules and Information Releases

For a great article summarizing the CAT tax final rules and information releases issued since May, 2006 see Update on Ohio Commercial Activity Tax: Final Rules and Revised Information Releases by Charles M. Steines and Phyllis J. Shambough,  Vol. 14, No. 1, State Tax Return, Jones Day Publications, Jan. 2007. 

Federal Court Stats for 2006 Posted

2006 federal court statistics for appellate and district courts have just been posted on the web.  See Press Release, 1/23/2007.  For the 2006 statistics go to U.S. Courts, Federal Courts Management Statistics .  The statistics include number of cases filed during the year, with a break down by type of case; number of cases terminated and number of cases pending at the end of the year.