Cleveland Law Library Weblog

Steven Terry Appointed as Cuyahoga Common Pleas Court Judge

Gov. Strickland appointed Steven Terry to the judicial seat on the Cuyahoga County Court of Common Pleas left vacant when Judge Mary Boyle was elected to the Eighth District Court of Appeals. 

"Since 2004, Terry has served as the director for the Cuyahoga County Department of Justice Affairs, where he oversees a department with a $38 million budget and 170 employees. He previously worked in private practice and as the prosecutor for Warrensville Heights from 2002-2004.

Terry also held several other senior management positions with the City of Cleveland from 1994-2001, including chief counsel, assistant director of public safety and first assistant city prosecutor."

Governor Appoints Steven Terry to Cuyahoga County Court of Common Pleas, Governor's Press Release, 4/20/2007.

Final Regs for 409A Deferral and Distribution of Nonqualified Deferred Comp Plans

The long awaited regulations concerning Internal Revenue Code 409A have been issued. See the regulations at TD 9321. 409A restricts deferral elections, distribution elections and distribution events under nonqualified deferred compensation plans.  If a plan is subject to Section 409A and does not meet the requirements, participants are taxed on their vested benefits, incur an additional 20% tax, and may incur interest charges.  The new regulations further define which plans are exempt from 409A and which are not. Plans must comply by December 31, 2007.  For more discussion, see 409A Regulations Are Here by Calfee, Halter and Griswold; Highlights of Recently Released Section 409A Regulations by Squires Sanders, April 2007,  Treasury, IRS Issue Final Regulations on Nonqualified Deferred Compensation, US Treasury Dept News Release, Apr. 10, 2007,

"Common Law" Cause of Action for Age Discrimination?

Marlene Leininger v. Pioneer National Latex, Ohio Supreme Court Case No. 2006-1304:  The Ohio Supreme Court will determine whether there can be an action for terminating an employee for violation of public policy, because the employee was terminated due to age. The lower court decided that an employee whose age discrimination lawsuit was untimely still had an age discrimination claim based on the common law public policy exception to the employment at-will doctrine. See Leininger v. Pioneer National Latex, 2006-Ohio-2673.  The public policy claim has a much longer statute of limitation than the age discrimination claim.  See Court to Decide Whether 'Common Law' Action Appropriate when Statutory Remedy Available by Lehr Beidelschies, Central Ohio Source, Apr. 18, 2007; Supreme Court Oral Argument Preview. 

New Bills of Interest

These selected bills of interest can be viewed on the Ohio General Assembly's Search for Legislative Information.  Note in particular, HB 160, which proposes changes to the Ohio Trust Code.

HB 150 - RESTROOMS IN RETAIL ESTABLISHMENTS - Encourage retail establishments to allow customers with eligible medical conditions to use the retail establishment's restrooms. Bill would 'encourage' retailers to allow access to private restrooms by Chris Spittal, Central Ohio Source, Apr. 23, 2007. 

HB 152 - ALTERNATIVE RETIREMENT PLANS - Establish alternative retirement plans for teachers and school employees

HB 154 - MAYOR'S COURTS - To abolish mayor's courts and to create community courts and to modify compensation of certain municipal court judges.  See our prior post:  Bill Nixes Mayor's Courts in Small Municipalities.

HB 156 - REFUND ANTICIPATION LOANS - To regulate the facilitation of refund anticipation loans and refund anticipation checks.

HB 157 - INCOME TAX RETURNS - Require box on personal income tax returns to authorize a paid tax preparer to speak to the Department of Taxation about certain matters concerning the return.

HB 160 - OHIO TRUST CODE - Clarify and modify the law relating to disclaimers under the Ohio Trust Code

HB 161 - RESIDENTIAL RENTAL AGREEMENTS - Permit tenant to terminate residential rental agreement without penalty if the tenant or spouse is 62 years of age or older and must enter a care facility.

HB 165 - ORIGIN/DESTINTATION BASED SITUSING - Require vendors using origin-based situsing rules to determine the appropriate sales tax jursidiction in which a sale is taxable to continue to do so, vendors using destination-based sourcing convert to origin-based situsing at their convenience.  See Ohio Sales Tax Legislation by Chuck Kallendorf, Cincinnati Law Library Blog, Apr. 20, 2007

HB 169 - USED LEAD-ACID BATTERIES - Establish requirements governing the disposal and collection of used lead-acid batteries

SB 148 - SERS RETIREMENT ELIGIBILITY - Revise retirement eligibility requirements for members of the School Employees Retirement System.

 
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Updated ND Ohio Rule on Criminal Assignment Decks

The federal Northern District of Ohio Loc.R. 57.12 regarding criminal assignment decks has been updated effective April 12, 2007.  The rules now have a third category for capital cases, which are to be given priority over other cases.    Updated Rule: Criminal Rule 57.12, Preparation of Assignment Decks : 

Bill Nixes Mayor's Courts in Small Municipalities

HB 154 proposes to eliminate mayor's courts in communities with populations of less than 1,600.  The cases heard in the closed mayor's court would have to be heard in municipal courts, which return a smaller percentage of the court costs to the city that issued the ticket.  The goal is to eliminate small municipalities and townships from setting up speed traps.  These speed traps can create such huge revenue that the citizens of these small municipalities do not have to pay city taxes. 

Mayor's courts in larger municipalities must be run by court-appointed magistrates instead of mayors.  The bill's sponsor wants to eliminate the conflict of interest when a mayor decides traffic fine cases that benefit the city coffers. 

Sources: Legislator's Bill Tries to Reduce Mayor's Courts by Joe Guillen, The Plain Dealer, Apr. 16, 2007; Ohio Mayor' Courts by Chuck Kallendorf, Cincinnati Law Library Blog, Apr. 17, 2007; Legislation Introduced to Reform Mayor's Courts, Ohio Supreme Court News Release, Apr.19, 2007.

Proposed Graham Leach Bliley Privacy Forms

Several federal agencies issued proposed regulations providing a safe harbor privacy form.  Financial institutions can give to this form to their customers, to comply with the Graham Leach Bliley Act.  See Federal Agencies Issue Proposed Rule on GLB Act Model Privacy Form by Faith Williams and Jeffery Smith,  Bricker & Eckler, LLP, April 2007.  This article has a link to the proposed regulations, which are contained in 72 Federal Register 14940.   This federal register section contains instructions on how to submit comments.  Comments are due on May 29, 2007.

Offender Reentry Bill Pending

HB 130 would "remove barriers to obtaining state-issued identification and licenses for certain skilled jobs."  Additionally, "If passed, the legislation also would provide judges with more sentencing and community control options. It would expand current treatment options by allowing judges to choose sentences such as judicial release and interventions as opposed to convictions."  The bill also provides for common pleas court and the Ohio Deparment of Rehabilitation and Correction to partner to together to establish re-entry courts.  See Legislation would Change Prison Release Process by Chirs Spittal, Central Ohio Source, Apr. 16, 2007. 

A reentry court evaluates an offender's treatment and educational needs before sentencing; links a court officer, offender and prison staff while the offender is in prison; and develops a plan for each offfender's reentry.  For more information on reentry courts, see Specialized Court Dockets Pamphlet by the Ohio Office of Criminal Justice Services. 

The legislation will also modify sentencing procedures with respect to post-release control and related releases from prison, to conform the Revised Code to the decision of the Ohio Supreme Court in State ex rel. Bray v. Russell (2000), 89 Ohio St.3d 132 by removing provisions related to bad time.

Public Citizen Group Objects to Carfax Settlement

A consumer class action lawsuit against a provider of vehicle history reports is pending in the Trumbull County Court of Common Pleas.  The case is West v. Carfax, Inc. , Trumbull County Case No. 04-CV-1898.  For a claim form, copy of the proposed settlement order, notice to consumers and more information go to: West v. Carfax Settlement Website . The docket can be viewed at the Trumbull County Case Search.

Carfax.com provides vehicle history reports on used cars for a fee.  The information comes from title checks and other sources.  The reports show if the car has ever been in an accident, flood or fire; odometer problems or whether the car is a buyback/lemon.  The report shows the type of owner (individual, fleet, rental car, leased, taxi, police) but does not provide the names of previous owners.

Carfax was sued because while their database used to contain complete information from all fifty states, they lost access to complete police accident records from 22 states and the District of Columbia from the National Crime Insurance Bureau database in 1998. Consumers were never told that some crashes from these states may not appear in the database.  See  Deal in Carfax Lawsuit Draws Fire by David Shepardson, The Boston Globe, Apr. 16, 2007.

A tentative settlement has been approved in the case, where customers would get $20.00 off an auto inspection and receive free and discounted Carfax reports over the next three years.  Public Citizen objects to the settlement, because vehicle inspections typically cost $100, a consumer may not need Carfax reports over the next three years, and inadequate notice was sent to customers.  The judge is considering Public Citizen's objections at a May 11 hearing.

Cancer Society Sues Over Private Club Smoking

The American Cancer Society sued to eliminate regulations which allow smoking in private clubs.  The Cancer Society urges that allowing smoking in private clubs goes against voter's wishes and against the language of the Constitutional amendment the voters enacted.  Opponents say that the ballot language indicated there would be an exemption for private clubs. The case is American Cancer Society v. Ohio Dept. of Health, filed 4/18/2007, Franklin County Common Pleas Case No.  07 CV 005306.  The docket can be viewed at the Franklin County Case Search.

Sources: Cancer Society Sues, Challenges Smoking in Private Clubs by Harlan Spector, The Plain Dealer, Apr. 19, 2007;  Suit Challenges Smoking Exemption by Dan Horn, Cincinnati Enquirer, Apr. 19, 2007.