Supreme Court of Ohio 2006 Annual Report - Supreme Court - State ...

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Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. State ex rel. Dann v. Taft Case no. 2005-1222 Web cite 2006-Ohio-1825 Rules the governor of Ohio has a limited executive privilege allowing some communications between him and his policy advisors to be withheld from public disclosure when the communications are made for the purpose of fostering informed and sound policymaking. In Mandamus. Moyer, C.J., Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Resnick and Pfeifer, JJ., dissent. Fowee v. Wesley Hall Inc. Case no. 2005-0272 Web cite 2006-Ohio-1712 When an employer files a court action appealing the award of workers’ compensation benefits to one of its employees, and the employee voluntarily dismisses her petition for continuing benefits, the employee must refile the petition within one year or forfeit the right to dispute the appeal, as dictated in Ohio’s saving statute. Hamilton App. No. C-040188, 2004-Ohio-7002. Judgment reversed. Moyer, C.J., Pfeifer, Lundberg Stratton, O’Connor, and Lanzinger, JJ., concur. Resnick and O’Donnell, JJ., concur in judgment only. State ex rel. Fisher v. Cleveland Case no. 2004-1726 Web cite 2006-Ohio-1827 Rules the practice of requiring municipal employees to disclose personal income tax returns as part of an informal request to verify the employee’s primary residence constitutes an invasion of privacy and abuse of the city’s corporate powers; those employees previously required to disclose personal tax returns under the aforementioned practice may seek injunctive relief through a taxpayer action lawsuit. Cuyahoga App. No. 83945, 2004- Ohio-4345. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. May Hedges v. Nationwide Mut. Ins. Co. Case nos. 2005-0193 and 2005-0415 Web cite 2006-Ohio-1926 Holds that the H.B. 261 version of R.C. 3937.18(A), in force from September 1997 to September 2000, permitted Ohio auto insurance policies issued during that period to limit uninsured/ underinsured motorist coverage to collisions in which an uninsured driver caused the bodily injury, sickness, disease or death of an insured person. Franklin App. No. 04AP-423, 2004- Ohio-6723. Judgment reversed. Moyer, C.J., Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Resnick and Pfeifer, JJ., dissent. Ohio Consumers’ Counsel v. Pub. Util. Comm. Case nos. 2004-1993, 2005-0118 and 2005-0766 Web cite 2006-Ohio-2110 88
Orders the Public Utilities Commission of Ohio to revisit a previously adopted plan approving the setting of service rates for three Ohio electric companies owned by FirstEnergy Corporation to comply with certain legislative provisions. Public Utilities Commission, No. 03- 2144-EL-ATA. Decision affirmed in part and reversed in part, and cause remanded. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton and O’Donnell, JJ., concur. O’Connor and Lanzinger, JJ., concur in part and dissent in part. Smith v. Conley Case no. 2005-0247 Web cite 2006-Ohio-2035 Holds that, in calculating the time limit within which a client must file a malpractice action against an attorney, the date on which the lawyerclient relationship was terminated is determined by reference to the actions of the parties under statutory provisions and case law, not by the date of the attorney’s compliance with a local rule of court governing withdrawal from representation. Stark App. No. 2004CA00068, 2004- Ohio-7057. Judgment reversed. Moyer, C.J., Resnick, Pfeifer, O’Connor, O’Donnell and Lanzinger, JJ., concur. Lundberg Stratton, J., dissents. Davenport v. Montgomery Cty. Case no. 2005-0074 Web cite 2006-Ohio-2034 To invoke the state law granting public employees the option to convert unused sick-leave hours to cash at the time of retirement from active service, a worker must remain in public employment until meeting eligibility requirements for the public employee retirement program. The provision does not apply to workers who leave before they are eligible to retire. Montgomery App. No. 20350, 2004- Ohio-6781. Judgment reversed. Moyer, C.J., Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Resnick and Pfeifer, JJ., dissent. Reading v. Pub. Util. Comm. Case no. 2005-0245 Web cite 2006-Ohio-2181 The state law authorizing the Public Utilities Commission of Ohio to close a railroad grade crossing within the boundaries of a municipality, despite the opposition of local officials, does not violate the municipality’s right to exercise police powers within its borders under the home-rule provision of the Ohio Constitution. Public Utilities Commission, No. 02- 589-RR-UNC. Order affirmed. Moyer, C.J., Resnick, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Pfeifer, J., concurs in judgment only. Sharonville v. Am. Employers Ins. Co. Case no. 2004-1735 Web cite 2006-Ohio-2180 If an insurance company issues a law enforcement liability policy, the insurance company has a duty to defend the policyholder against a lawsuit when a claimant’s complaint contains an allegation of conduct arguably considered covered by the policy. Hamilton App. No. C-030905, 158 Ohio App.3d 576, 2004-Ohio-4664. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor and Lanzinger, JJ., concur. 89
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The Supreme Court of Ohio Annual Re
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The Supreme Court of Ohio Annual 20
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table of contents 2006 2 Justices o
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Justice Alice Robie Resnick is the
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With his re-election to the Supreme
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2006A look back January A collectio
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Oct. 20 Fifteen Ohio judges are sel
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Justice Brown (back row, far left)
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Justice Resnick with Chief Justice
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need to repeatedly visit a Web site
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supreme court administrative struct
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The Administrative Division is the
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The Office of Court Security provid
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Visitor Education Center The Visito
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In 2006 The Clerk’s Division cons
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educed handwriting fatigue and enha
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The Supreme Court of Ohio 2006 Case
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Page 43 and 44: The Legal Resources Division consis
Page 45 and 46: Law Library Updates Information Ser
Page 47 and 48: The Fiscal & Management Resources D
Page 49 and 50: The Employee Events Committee is an
Page 51 and 52: Judiciary/Supreme Court 2006 expend
Page 53 and 54: The Information Technology Division
Page 55 and 56: Advisory Committee on Technology &
Page 57 and 58: the ohio courts network “All cour
Page 59 and 60: The Facilities Management Division
Page 61 and 62: Meetings & Events The Meetings & Ev
Page 63 and 64: The Office of Court Security organi
Page 65 and 66: The Attorney Services Division is r
Page 67 and 68: Attorney Registration & CLE Section
Page 69 and 70: The Judicial & Court Services Divis
Page 71 and 72: Judicial College The Judicial Colle
Page 73 and 74: Department of Job & Family Services
Page 75 and 76: The Specialized Dockets Section als
Page 77 and 78: Hon. Scott Gwin 5 th District Court
Page 79 and 80: Hon. Richard Rogers 3 rd District C
Page 81 and 82: The supreme Court has the constitut
Page 83 and 84: Five present and former board membe
Page 85 and 86: Ohio Criminal Sentencing Commission
Page 87 and 88: The following is a chronological li
Page 89 and 90: is entitled to exemption of its inv
Page 91 and 92: exception to the state Public Recor
Page 93: Judgment reversed. Moyer, C.J., O
Page 97 and 98: June Knox Cty. Bd. of Commrs. v. Kn
Page 99 and 100: Lundberg Stratton, O’Connor, O’
Page 101 and 102: Moyer, C.J., Resnick, Pfeifer, Lund
Page 103 and 104: Lundberg Stratton, J., concurs in p
Page 105 and 106: October State ex rel. Ohio Democrat
Page 107 and 108: November In re J.J. Case no. 2006-0
Page 109 and 110: statements may not be compelled by
Page 111 and 112: Judgment affirmed. Moyer, C.J., Res
Page 113 and 114: Resnick, Lundberg Stratton and O’
Page 115: Herb Hungerford, Custodian Herbert
Page 118: The Supreme Court of Ohio 65 South
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