Cases to Watch

Does Cleveland’s Jock Tax Violate Equal Protection? Ohio Supreme Court will Hear Arguments

The Ohio Supreme Court will hear oral arguments on January 14, 2015 on whether Cleveland’s 2% municipal income tax on professional sports players from visiting teams violates the player’s Equal Protection rights under the U.S. and Ohio Constitutions.  See Hillenmeyer v. City of Cleveland Board of Review, Ohio Supreme Court Case No. 2014-0285.  The City of […]

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Ohio Supreme Court will Decide Whether Outside Salespeople are Employees under Ohio Constitution’s Minimum Wage Provision

The Ohio Supreme Court agreed to hear  an appeal of the Second District’s decision in  Haight v. Cheap Escape Co., 2014-Ohio-2447. This case held that by adopting the language of Article II, Section 34a of the Ohio Constitution, Ohio voters intended to abolish the minimum wage exemptions contained in the federal Fair Labor Standards Act

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Appellate Ruling: Outside Salespeople are Employees under Constitution’s Minimum Wage Provision

In Haight v. Cheap Escape Co., 2014-Ohio-2447, the Ohio Second District Court of Appeals held that outside salespeople paid on commission were employees as defined by Article II, Section 34a of the Ohio Constitution.  This section states: As used in this section: “employer,” “employee,” “employ,” “person” and “independent contractor” have the same meanings as under

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Ohio Supreme Court Hears Two Cases Involving Juveniles and the Ohio Constitution

The Ohio Supreme Court recently heard oral arguments on two cases concerning juveniles and the Ohio Constitution.  Quarterman v. State deals with the mandatory transfer of 16 and 17 year olds for certain firearm violations.   In   State  v.  Mole, the issue is  whether an Ohio statute imposing criminal penalties on a police officer for

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Ohio Supreme Court to Hear One Subject Rule Case re. Prison Privatization

The Ohio Supreme Court agreed to hear an appeal and cross-appeal of a Tenth District Court of Appeals ruling ordering that the trial court must conduct a hearing as to whether an Ohio Budget Bill, Am. Sub. H. B. No. 153 , 129th General Assembly violated the One Subject Rule of the Ohio Constitution, because it

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Budget Bill Violates One Subject Rule? Appellate Court Orders Trial Court to do Line Item Review of Budget. Governor Appeals.

Ohio Civil Service Employees Association and ProgressOhio sued the State of Ohio, asserting that the Budget Bill, Am. Sub. H. B. No. 153 , 129th General Assembly, violated the One Subject Rule of the Ohio Constitution because it included a prison privatization measure.  The Franklin County Common Pleas Court granted the State’s motion to dismiss the complaint.

Budget Bill Violates One Subject Rule? Appellate Court Orders Trial Court to do Line Item Review of Budget. Governor Appeals. Read Post »

Court’s Insistence on 10% Cash Payment on Bail Bond and Refusal of Surety Bond: Does it Violate the Ohio Constitution?

The Ohio Supreme Court heard oral arguments today (oral argument video) concerning whether it violates the Ohio Constitution when a court orders bail requiring that 10 percent of the amount be paid in cash, and prohibits a defendant from posting a surety bond for the full amount.  Section 9 of Article I of the Ohio

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Controlling Board’s Expansion of Medicaid Funding is Lawful, Supreme Court Finds

The Ohio Supreme Court denied the writ of mandamus requested by six Republican legislators and Cleveland Right to Life, requesting that the Supreme Court halt the Controlling Board’s approval of funding for medicaid expansion to cover the new group of beneficiaries created by the federal PPACA.  The Court found that the relators did not show

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Ohio Supreme Court Will Hear Traffic Camera Case

The Ohio Supreme Court accepted an appeal filed by Redflex Traffic Systems, Inc. and City of Toledo concerning the constitutionality of administrative hearings for traffic camera tickets.  See Docket for Supreme Court Case No. 2013-1277 See our prior post Does Administrative Hearing of Traffic Camera Tickets Usurp Muni Court Powers and Violate the Ohio Constitution?

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