Cleveland Law Library Weblog

Judge Calabrese Sat on Ohio Supreme Court

According to a recent Ohio Supreme Court Press Release, Judge Anthony O. Calabrese, Jr. of our local Eighth District Court of Appeals, recently sat as a visiting judge on the Supreme Court of Ohio in the case of State of Ohio v. Christopher Mays, (No. 2007-1302), which involved a driver who was stopped when he went right of the road edge line. Mays' counsel challenged the stop as in conflict with a decision of the Third District Court of Appeals in State v. Phillips (Case No. 8-04-25). Reports indicate that Judge Calabrese was both honored and "humbled" by his appointment. The video of the oral argument in Mays can be found at the Supreme Court's website. The last time Judge Calabrese served as a visiting Judge at the Supreme Court was November of 2006.

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.

Judge Sean Gallagher Appointed to Ohio Supreme Court Commission

The Ohio Supreme Court recently appointed local Eighth District Appellate Judge Sean Gallagher to chair the Ohio Supreme Court's Commission on the Rules of Practice & Procedure in Ohio Courts.  According to the formal Rule establishing this Commission, the Commission is required to review all practice and procedure rules governing Ohio courts and make recommendations for changes or additions.  Click here to review the entire list of all 33 individuals who the Supreme Court appointed to commissions and boards.

Ohio Supreme Court Recommends Safety Upgrades for Cuyahoga Justice Center

The Plain Dealer has reported on Ohio Supreme Court recommendations for significant safety upgrades at the Cuyahoga County Justice Center. The Justice Center, which is next to the jail, houses most of the Cuyahoga County Common Pleas Judges and their courtrooms, as well as Cleveland Municipal Court. The paper suggests the enhancements will cost millions of dollars for additional deputies, screening equipment, locks, security cameras, and other new procedures. Locally, Common Pleas Judge John Russo chairs an ad hoc court security committee that is reviewing the recommendations. The same Ohio Supreme Court representatives who visited the Justice Center over the summer also visited the County Courthouse (which houses Cuyahoga's domestic relations, probate and appellate court judges and courtrooms), but we have not yet seen the report to determine whether it makes any recommendations for the Courthouse. See our prior post on the site visit, where we also provided a link to the current Courthouse Security Policy and Procedures Plan.

Parma, OH Man Could Not Evade Jurisdiction of Local Court By Moving to Canada

The Ohio Supreme Court has held that a Parma man who moved to Canada could not evade the jurisdiction of Cuyahoga County Common Pleas Court because he was still a resident of Ohio. The case is somewhat convoluted, but when Bruce DiMarco was under investigation by the SEC, he and his wife fled from Ohio and moved to Canada, where Bruce got arrested and hired Canadian legal counsel. When Bruce failed to pay his Canadian lawyers, they sued him in Cuyahoga CP court (Case No.CV-498823), and the trial court granted judgment against DiMarco and his wife for over $200,000. When the 8th District Court of Appeals reversed in Case No.CA-05-086324, the Canadians successfully appealed to the Ohio Supreme Court. The crux of the Court's opinion with regard to Bruce DiMarco was that he never abandoned his residence in Ohio since he had no legal right to remain in Canada forever. As a result, the trial court properly exercised personal jurisdiction over his person. However, the Court remanded the issue of personal jurisdiction over DiMarco's wife because she was a native Canadian who could have remained in Canada indefinitely. Click here to read the Supreme Court's press release.

Cuyahoga County Courthouse Garage Floods Again

For the second time in a week, the garage at the Cuyahoga County Courthouse on Lakeside Avenue in Cleveland flooded. Both last week after the hail, and yesterday after the rain storms subsided, courthouse employees, attorneys and visitors had to slog through up to about 6 inches of water that submerged portions of car tires and made going slippery in the garage. Newsnet5.com picked up the story and published pictures of the running and standing water on the courthouse garage floor. What the pictures do not show are the leaks that sprung up in a courtroom and a stairway in the Courthouse itself. Building employees got things under control, but they are preparing for another potential deluge today.

Ohio Suprem Court Security Visits Cuyahoga County Courthouse

Recently, at the request of some local judges, a representative from the Ohio Supreme Court Office of Court Security visited the Cuyahoga County Courthouse to evaluate current security procedures, evacuation plans, and emergency preparedness plans. In addition to meeting with local judges and interviewing some court and law library administrative staff, the representative reviewed the new Courthouse security system and current emergency plans for employees and visitors to the building. The Courthouse currently operates under a Security Policy and Procedures Plan that was amended on November 8, 2005 (Download _0726123843_001.pdf) and issued by Appellate Judge Patricia Ann Blackmon. That plan covers the Eighth District Court of Appeals, various courtrooms and offices for the Court of Common Pleas General, Probate and Domestic Relations Divisions. Presumably, the Supreme Court will issue a report on its representative's visit to all of the offices in the building.

8th District Court of Appeals' Docket-A Well-Kept Secret

Many lawyers may not realize that the 8th District Court of Appeals' docket is publicly available for free online. A well-kept secret, it is accessible from the online docket for the Court of Common Pleas for Cuyahoga County. The 8th District is the only appellate District Court in Ohio to have a free online docket, and it contains both civil and criminal appeals. Choose the "Civil Search" to look for both types of cases by case name or the parties. The key to searching only appeals is to select "Appeals" from the drop down menu for "Case Category" under either type of search. If you search by name, you also have the option to choose the parties' role as appellant or appellee under the drop down menu for "Party Role." The 8th District Court's Calendar is also publicly available online for free and contains information for about a month's worth of information about appellate hearings.

Appellate Judge Blackmon Hears Ohio Supreme Court Case

Yesterday, Judge Patricia Blackmon served as a visiting Judge at the Ohio Supreme Court, taking the place of Justice Robert R. Cupp, who recused himself in the case captioned Paul Fisher v. Emma Hasenjager, Case Nos. 2006-1815 and 2006-1853. The Fisher case asks whether a trial court has to first make a finding that there has been a material “change in circumstances” of a child and/or of an affected parent in a court-approved shared parenting plan prior to issuing an order that changes the status of parent as a co-residential parent and co-legal guardian. Click here to watch the live video of the oral argument in the case. You can also access the Supreme Court's docket, containing the full text of the merit and reply briefs in case no. 2006-1853.

Arbitration Agreement Substantively Unconscionable When Remedy Afforded by Law is Denied

Russ Bensing's The Brief Case Blog points out the following case:  Post v. Procare Automotive Services Solutions, Cuyahoga App. No. 87646, 2007-Ohio-2106.  The case struck down an arbitration clause contained in an employment contract.  The employees were suing for age discrimination under Ohio law, and the employer moved to compel arbitration.  The trial court denied the motion to compel arbitration.

The Court of Appeals held that the arbitration clause was substantively unconscionable.  The arbitration clause said that both parties would pay their own attorney fees, contrary to Ohio law, which provides that a plaintiff may recover attorney fees from the defendant in an employment discrimination case.  Additionally, while the employee is limited to binding arbitration, the employer may bypass arbitration for a breach or threatened breach of the non-compete and confidentiality provisions of the employment agreement.  However, the trial court failed to have a hearing to determine whether the arbitration clause was unconscionable, so the appellate court remanded for a hearing.  The appellate court stated that they had already determined that the arbitration clause was substantively unconscionable, but the trial court must decide whether the arbitration clause is procedurally unconscionable.  One must allege and prove a quantum of both substantive and procedural unconscionability in order to have the arbitration clause declared unenforceable. 

One judge dissenting, opining that the trial judge should have granted the motion to compel arbitration.

Thanks to Jack Sargent for the tip.

Posted by Sue Altmeyer