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January 2008

January 14, 2008

Cleveland Suing 21 Companies Over Foreclosures

The City of Cleveland is suing 21 investment companies over the rise in foreclosures and abandoned homes around the City. The case docket and list of parties can be found by searching Case No. CV-08-646970 on the Cuyahoga County Common Pleas Court's docket. In an interesting twist, the City has brought suit for damages under its nuisance law, claiming that the companies interfered with the public's "rights and interests." Click here to read the Mayor's full press release, identifying the Mayor's motivation and listing all of the named defendants.  Click here to read an article on the suit from Crain's Cleveland Business.

January 11, 2008

Akron City Employees Must Live Where They Work

In a case decided yesterday, the Ohio Ninth District Court of Appeals, held that Akron City employees must live in Akron if they want to keep their jobs. The Court’s decision upholding a residency restriction in Akron City Charter amendments (Section 105a) held that O.R.C. sec. 9.48.1 is unconstitutional. ORC sec. 9.48.1 was enacted 5/1/06 and generally prohibits political subdivisions from requiring their employees to live where they work. In December, another Court of Appeals upheld a Lima residency law similar to the one in Akron. Click here to read a story and listen to audio clips of responses from akronnewsnow.com. The Eighth District appeals Court has yet to decide the legality of similar residency restrictions for Cleveland employees.

January 09, 2008

Pamphlet Available re: Ohio Groundwater Ownership and Allocation

The Ohio Legislative Service Commission has added another Brief to its growing list of informative pamphlets on legal issues affecting Ohio and its citizens. The latest in this series is an Internet pamphlet entitled "Ohio Law Governing Ground Water Ownership and Allocation." A few of the other brochures that are available on the web include: Legislative History in Ohio; Employment-At-Will and Wrongful Discharge in Ohio; Graduated Licensing of Teenage Drivers; Grandparent Visitation; Methods of Allocating Parental  Rights and Responsibilities in Ohio; Ohio's Open Meeting Law; Ohio's Public Records Law; and Ohio OMVI Law.

OJur and ALR Now Exclusively on Westlaw

This year,  Ohio Jurisprudence and the American Law Reports (ALR's) are only going to be available on Westlaw. Traditional template searching to gain access to these products on Lexis will no longer work. Westlaw will also be the only place to find the legal encyclopedias from Texas, Florida, California, New York and Michigan.

January 08, 2008

Georgia Attorney Sues LexisNexis Over File & Serve Fees

Legaldockets.com reports that a Georgia attorney has sued LexisNexis, claiming that File & Serve filing fees are illegal.  The attorney is trying to certify a class action to determine whether the fees File & Serve charges for e-filing violate filing fee and document filing statutes and/or constitutional provisions on due process and equal protection. This case can be found on PACER under the caption of HW. Phillip McCurdy, et al. v. the State of Georgia, et al., 1:07-CV-3098e. The Cuyahoga County Common Pleas Court's local asbestos judges use the File & Serve database exclusively for posting opinions and docketing all matters in local asbestos, silica and complex litigation matters. File & Serve is not available for free, and attorneys who desire access must subscribe and pay applicable fees. See our recent podcast on the Local Asbestos Docket.

NCSC Issues 2007 Report on Future Trends in State Courts

The National Center for State Courts has issued its 2007 report on Future Trends in State Courts. This report discusses public access to court records containing personally identifiable information, using technology to improve customer service, national information exchange, increasing access to justice for self-represented litigants, e-filing, electronic discovery, families and problem-solving courts, interpreters and immigration issues, library collaboration, guardianships, court administration, judicial outreach, and judicial elections.