Cleveland Law Library Weblog

Red Light Cameras to Begin Ticketing on Nov. 14

Red-Light Cameras are currently being installed, and will begin ticketing on November 14, 2005.  See Red-Light Cameras Being Installed, NewsNet 5, October 28, 2005.  See our previous post Official Text of Red Light Camera Ordinance and Two New Locations Added to Red Light Ordinance.

President Signs Gun Lawsuit Bill

The President signed legislation which will halt most lawsuits filed by crime victims against gun manufacturers and dealers.  See S.B. 397.  See our previous post Senate Approves Gun Lawsuit Bill, July 30, 2005. 

House Approves Eminent Domain Moratorium

The Ohio House has approved S.B. 167, which would halt eminent domain actions of unblighted areas which are primarily for economic development, and which vest ultimate ownership in a private person.  There are exceptions for roads, public utilities and common carriers.  The moratorium would last for two years, during which time a task force would study the issue.  See Bill to Curb Eminent Domain OK'd by Julie Carr Smyth and Thomas Ott, The Plain Dealer, October 27, 2005.   See our previous post Ohio Senate Passes Eminent Domain Moratorium.

Proposed Federal Court Rules

The Judicial Conference proposed changes to the Federal Civil, Criminal, Bankruptcy and Appellate Rules. Federal Rulemaking - Proposed Rule Amendments.  Comments are due on February 15, 2006.  Some of the proposed rules (amended Fed.R.App.P. 25(a)(5), new Bankruptcy Rule 9037, new Fed.R.Civ.p. 5.2 and new Fed.R.Crim.P. 49.1) implement the E-Government Act.  For a comparison chart, see  Preliminary Draft of the Proposed Rule Amendments at p. 169.  The Preliminary Draft states at p.2 that more proposed changes to the Bankruptcy Rules will be issued in August, 2006, after examining the experience of the bench and bar with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.  Source:  Judicial Conference E-Government Rule Amendments , Cincinnati Law Library Blog, October 25, 2005. 

Article Summarizing Class Action Reform Act

For a good brief summary of the Class Action Fairness Act, see New Class Action Legislation Expected to Reduce Claims by Larry Rulison, Portland Business Journal, October 21, 2005.  See also S.B. 5 Summary of Public Law (via Thomas).

Bankruptcy Court Can Deny Bad Faith Request to Convert Chapter 7 to Chapter 13

The Sixth Circuit affirmed the decision of the Bankruptcy court denying the debtor's motion to convert the bankruptcy from a Chapter 7 to a Chapter 13.  Previously, the bankrupcty courts were split on the issue, the Northern District of Ohio holding that there is an absolute right to convert, the Southern District holding that conversion may be denied if there is bad faith. In re Copper, Sixth Circuit App. No. 04-6279, Oct. 18, 2005.

City of Cleveland Creates Open Space and Recreation Districts

New Cleveland Codified Ordinances 342.01 to 342.05 create Open Space and Recreation Districts.  The permitted main uses include parks, recreation centers, public open spaces, marinas and golf courses.  City Record, October 19, 2005 at page 2274 (page 24 of the pdf document). 

Cleveland Housing Court's Proposed Rule Changes

The Housing Court division of the Cleveland Municipal Court has proposed new rules involving evictions for mobile homes, manufactured homes or recreational vehicles.  The court is receiving comments on the rules until October 31, 2005.  To see the proposed rules and contact information for comments  Download housingct2005.10.20.pdf.

US Supreme Court Agrees to Hear Ohio Tax Incentive Case

The United States Supreme Court granted certiorari to review the Sixth Circuit's decision in Cuno v. DaimlerChrysler, Inc., 386 F.3d 738 (6th Cir. 2004), which found that Ohio's tax incentive program is unconstitutional.  See our previous post: Chambers of Commerce Weigh In on Tax Credit Case, August 16, 2005.  See Supreme Court will Hear Ohio Tax Break Dispute , Columbus Business First, September 27, 2005. 

Interim Bankruptcy Rules

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has necessitated Interim Bankruptcy Rules.  For a good article on these rules, see Federal Bankruptcy Rules , Cincinnati Law Library Blog, October 6, 2005.