Cleveland Law Library Weblog

Congress Attempts Pension Reform

In the wake of the $9 billion United Airlines pension default, the U.S. House of Representatives proposed a bill which would increase the funding requirements for pensions, and require more disclosure to employees.  The  Pension Protection Act of 2005 (H.R. 2830) would also shore up the ailing Pension Benefit Guaranty Corp., which was hit hard by United's default.  The bill also strives to help employers estimate their pension liabilities more accurately.   See Pension Bill Would Phase in Employer Premium Increase by Bill Leonard, Society for Human Resource Management Online, June 14, 2005. 

Red Light Camera Locations Detailed in City Record

To see the city record detailing the locations for the red light cameras see:  City Record, June 8, 2005. 

Workers Comp Bill Going Forward

Workers compensation reform legislation is still going forward, despite the workers compensation funding scandals.  See BWC Bill Still has Backing by Jeff Bell, Columbus Business First, June 10, 2005.  See our previous post on worker's compensation reform Controversial Ohio Bills to Reform Workers' Compensation, March 31, 2005.  A substitute bill, accepted May 23, 2005, has made substantial changes to SB 7. 

State Can Not Transfer Federal Block Grant Money to General Account

The Eighth District Court of Appeals affirmed the decision of the trial court, finding that the State of Ohio could not transfer federal TANF block grant money to the state's general fund.  The transfer violated ORC 5101.46 and the Ohio Constitution.  The state was ordered to return the money to the block grant fund.  The Cuyahoga County Board of Commissioners filed this lawsuit, because transfer to the general account prevented availability of the TANF funds for county welfare programs.   Judge Anthony O. Calabrese, Jr. dissented, stating that the federal funds reimbursed the state for services already provided, so the state was free to put the money in a general account.  Additionally, Calabrese said the court did not have the power to order transfer of the funds, because that is a legislative function.  See Cuyahoga County Board of Commissioners v. State of Ohio, 2005-Ohio-2821, June 9, 2005. 

Medical Marijuana Laws in Ohio

In the wake of the United States Supreme Court decision on medical marijuana, the Cincinnati Law Library Blog wrote an article discussing medical marijuana laws in Ohio.  1995 SB 2 created an affirmative defense to ORC 2915.11 for marijuana prescribed by a physician.  The affirmative defense was deleted by 1997 SB 2.  A bill is currently pending to create a registry of medical marijuana users, who will be exempt from criminal prosecution for drug possession.   See Supreme Court's Medical Marijuana Decision, Cincinnati Law Library Blog, June 7, 2005. 

Company Must Notify Customers of Information Theft, Says Ohio AG

The Ohio Attorney General filed a complaint for declaratory judgment against Designer Shoe Warehouse.  The complaint alleged that DSW did not notify all of the customers who had personal information stolen, and asserted that this was a violation of Ohio Consumer Sales Practices Act ORC 1345.02(A).  See Attorney General Petro Sues DSW Over Customer Data Theft, Ohio Attorney General Press Release, dated June 6, 2005, DSW Sued After Customer Data Theft, Newnet 5.com, June 6, 2005.

Supreme Court to Hear Moreland Hills Zoning Case

The Ohio Supreme Court will hear oral arguments in Jaylin Investments v. Village of Moreland Hills on June 15.  The issue in this case is whether the Moreland Hills ordinance requiring homes to be on two acre lots conflicts with the  landowner's right of reasonable use.  The Sun News article reviews the campaign contributions made to Supreme Court judges by Jaylin's attorney and other builders. Zoning War Heats Up over Jaylin Case by Kim Wendel, Chagrin Herald Sun, June 2, 2005, Cuyahoga County Planning Commission Weblog, June 3, 2005. 

Coming this July: Written Consent Needed for Fax Advertisements

F.C.C. regulations will go into effect on July 1, 2005, which will prohibit faxing advertisements without written consent of the recipient.  See Unwanted Faxes: What You Can Do at the Federal Communication Commission Website. 

Ohio Joins NorVergence Settlement

"Ohio Attorney General Jim Petro said today a multi-state settlement will help small businesses trapped in fraudulent lease agreements created by NorVergence Inc, a bankrupt telephone equipment and service company. In the settlement, Lyon Financial Services d/b/a U.S. Bancorp Business Equipment Finance Group (USB), and Wells Fargo Financial Leasing, Inc (WFFL) will refund or not collect over $30 million in rental payments from customers."  Source: Ohio Attorney General Press Release, Ohio Joins Multi-State Settlement With Finance Companies To Help Small Businesses , dated May 26, 2005. 

Update on Draft Rules of Professional Conduct

The Supreme Court posted the draft rules developed by the Task Force on Rules of Professional Conduct and approved through April 22, 2005.  See Draft Rules.