Cases to Watch

Supreme Court Sets Expedited Schedule in Medicaid Expansion Suit

The Ohio Supreme Court granted Petitioner’s motion to expedite the case in State ex rel. Cleveland Right to Life, Supreme Court docket Case number 2013-1668.  See our prior post Lawsuit Claims Governor’s Use of Controlling Board to Expand Ohio Medicaid Unconstitutional.  The Court set the schedule as follows: Respondents shall file an answer to the

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Due Process Violation When Teenager Denied Participation in Father’s Visitation Hearing?

The Ohio Supreme Court recently heard oral arguments concerning whether a teenager has a right to attend and participate in a visitation hearing.  The teenager moved for such participation, as well as to terminate all visitation.  The trial court denied these motions, and awarded unsupervised visitation to the father.  In their appeal, A.G.’s attorneys argued

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Lawsuit Claims Governor’s Use of Controlling Board to Expand Ohio Medicaid Unconstitutional

The 1851 Constitution Center filed a suit in the Ohio Supreme Court on behalf of six Republican legislators and Cleveland Right to Life, asserting that Governor Kasich’s expansion of Medicaid violated the legislature’s powers as set out in Article II of the Ohio Constitution.   Funding for the expansion was accomplished by an action of

Lawsuit Claims Governor’s Use of Controlling Board to Expand Ohio Medicaid Unconstitutional Read Post »

ACLU Lawsuit Says Abortion Amendments to Budget Bill Violate One Subject Rule

The ACLU filed a lawsuit on behalf of Preterm-Cleveland, Inc., asserting that the abortion amendments added to Ohio’s budget bill, H.B. 59,  violate the one subject rule.  see Canton Repository article . [youtube q0QjfEv55MA] One of the amendments in question bans public hospitals from making transfer agreements with abortion clinics. Another requires clinics to follow a government

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If Claim Arises Before Effective Date of Construction Statute of Repose, Does Application of Statute Violate Retroactivity Provision?

Oaktree Condominium Association v. Hallmark Building Company, 2012-1722.  Docket  Oral argument, Oct. 9, 2013.  Whether Ohio’s construction statute of repose, codified in R.C. 2305.131, bars plaintiff from pursuing a substantive, vested right in violation of the Ohio Constitution, Article II, Section 28 (retroactivity provision) when the plaintiff filed a claim for damages after the statute’s

If Claim Arises Before Effective Date of Construction Statute of Repose, Does Application of Statute Violate Retroactivity Provision? Read Post »

1851 Center Files Federal Suit re. Ohio Statute Restricting Petition Drives

The 1851 Center for Constitutional Law filed a complaint in the Southern District of Ohio, United States District Court, asserting that Senate Bill 47 violates the First Amendment, as well as the Ohio Constitution.  Senate Bill 47 banned collecting signatures while the Secretary of State reviews the initial petition and prohibits the collection of signatures

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Does Sole Authority of Ohio Department of Natural Resources to Regulate Oil and Gas Drilling Violate Home Rule?

The Ohio Supreme Court will decide whether 2004 Ohio HB 278, which preempts municipalities and other local governments from regulating oil and gas drilling, violates the Ohio Constitution’s Home Rule provision, Ohio Constitution Article XVIII, Section 7.        H.B. 278 declared that the Division of Mineral Resources Management in the Department of Natural Resources has

Does Sole Authority of Ohio Department of Natural Resources to Regulate Oil and Gas Drilling Violate Home Rule? Read Post »

Does Administrative Hearing of Traffic Camera Tickets Usurp Muni Court Powers and Violate the Ohio Constitution?

Redflex Traffic Systems Inc., the camera operating company, filed an appeal with the Ohio Supreme Court, challenging the appellate court’s ruling in favor of the traffic camera ticket recipient.  The Ohio Sixth Circuit Court of Appeals held that the City of Toledo unconstitutionally usurped the jurisdiction of the Toledo Municipal Court by diverting challenges to

Does Administrative Hearing of Traffic Camera Tickets Usurp Muni Court Powers and Violate the Ohio Constitution? Read Post »

Does the State Tow Truck Law Violate Home Rule? – Oral Argument

The Ohio Supreme Court will hear oral arguments in City of Cleveland v. State of Ohio, Case no. 2012-1616 on Wednesday, August 21, 2013.    The issue is whether state law governing tow-truck operations (R.C. 4921.25) is a comprehensive, statewide legislative framework and a general law that meets the Supreme Court’s test in Canton v. State,

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