CA CAPI PITOL VI VIEW: UPD PDATE ON N CH CHANGE NGES TO OHIO - - PowerPoint PPT Presentation
CA CAPI PITOL VI VIEW: UPD PDATE ON N CH CHANGE NGES TO OHIO LAW W AND ND RULE C LE CHA HANGES ES Prese sented b by Kevin C n C. C Connel nell, E Esq. Bruns, s, Connell, Vollmar & r & Armst stron ong, L LLC
Prese sented b by Kevin C n C. C Connel nell, E Esq. Bruns, s, Connell, Vollmar & r & Armst stron
LLC Chair ir, O OACTA Legis islative A Affairs C Commit mmittee
2019-2020
Ohio House of Representatives
Party As of November 12, 2019 After November 8, 2016 Democratic Party 38 33 Republican Party 60 60 66 66 Vacancy 1 Total 99 99
Ohio State Senate
Party As of October 10, 2019 Democratic Party 9 Republican Party 24 Total 33
“Beware of the Budget Bill”
Am.
nnial B Bud udget b bill ( (with sur urprises!) p passed i in n June une 201 019
ction f for l lawyers (now repealed before implemented largely due to efforts of OSBA led response)
ctor s solici citation m moratorium
parties to MVAs such that this information is no longer required to be listed on police report (R.C. 149(A)(1)(mm)
practitioners or paid solicitors from contacting in person, by phone,
MVA
Chiropractic, LLC v. Mike Dewine (U.S. Dist. Ct. Northern District, Eastern Division, Case No. 1:19CV2010) - Mag. Judge Baughman recently denied Motion for Preliminary Injunction to prevent this from taking effect on October 17, 2019. Therefore, it is now in effect.
■ Proposed to eliminate full liability defenses codified in R.C. 2744.02(B) – Police emergency call defense 2744.02(B)(1)(a) – Fire emergency run defense 2744.02(B)(1)(b) – EMS emergency run defense 2744.02(B)(1)(c) ■ Replaces defense with the following defense: “A political subdivision is not liable in damages *** caused by an employee’s negligent operation of a motor vehicle if the plaintiff, at the time of the alleged negligence, was attempting to flee from a law enforcement officer so as to avoid apprehension for a criminal offense.” ■ Proposed and supported by OAJ ■ Opposed vigorously by most municipal organizations ■ In House Civil Justice Committee – last activity was March 2019 Do
expect it it to
■ Creates Family and Medical Leave Insurance Program to provide 12 weeks
benefits to address serious health condition, care for family member or bond with a child ■ Employees can opt into the program and pay premiums to fund the program ■ Requires employer to restore individual who has taken leave to the job they had before leave or to an equivalent position ■ Creates state regulatory body for administration of the program with appeal rights, etc. In In House In Insu surance C Committee (n (not m much activity s since 3 3/19) In In Senate In Insu surance a and F Financial In Inst stitutions Committee ( (first s sponsor t testimony 9 9/25/19)
Provides an action to challenge an act as violative of Ohio Constitution One Subject Rule must be brought within 275 days of effective date Attempts to limit challenges to Constitutionality on this basis to promote stability in the law – supported by Buckeye Institute Opposed by ACLU – shouldn’t limit right to challenge because society evolves and what may seem innocuous now, may be more relevant later House Civil Justice Committee – 3rd Hearing 5/14/19
■ To expand the basis of a court’s exercise of personal jurisdiction ■ Expands RC 2307.382 to include catch-all jurisdictional ground – “court may exercise personal jurisdiction over a person on any basis consistent with the Ohio Constitution and the United States Constitution.” ■ Proponents testified that expanding Long Arm statute to “reach the limits of the Due Process Clause” ■ Reaction to Supreme Court case and 6th Circuit case Brunner v. Hampson with held long-arm analysis required a plaintiff’s injuries be proximately caused by the defendant’s Ohio-related conduct ■ Supported by OSBA and OAJ ■ Passed House 92-0 on 11/13/19 now on to Senate
■ To eliminate the rule of Construction regarding a court’s considerations in determining legislative intent when a statute is ambiguous – now found at R.C. 1.49 where Courts directed to review: (A) The object sought to be attained; (B) The circumstances under which the statute was enacted; (C) The legislative history; (D) The common law or former statutory provisions, including laws upon the same or similar subjects; (E) The consequences of a particular construction; (F) The administrative construction of the statute. ■ Proponent Buckeye Institute wants to eliminate courts from relying upon sources outside the “prescribed proving grounds of bicameralism and presentment” and this statute encourages staffers, lobbyists and other interest groups from circumventing the constitutional legislative process. ■ LSC analysis says eliminating R.C. 1.49 would not prevent a Court from taking these factors into account as Courts could and did at common law. Passed S Senat ate 3 31-0; r referred t to House J Judiciar ary – last t com
action
5/19
■ Shortens S/L on written contract from 8 t 8 to 6 y 6 years rs ■ Shortens S/L on oral agreements from 6 t 6 to 4 y 4 years ■ Requires action from consumer transaction primarily for personal, family, household purposes based on express or implied agreement be commenced within 6 years after COA accrues ■ Changes current law by providing that no “tort action” instead of “civil action” under current law based upon a COA that accrued in another state may be commenced in Ohio if the limitation period under the
■ Generally prevents an action on a contract in writing that seeks post- default interest at a rate governed by another state’s law and in excess of the fed short term rate from being commenced in Ohio if the limitation period under other state’s law or Ohio’s law has expired.
Repo ported o
ut of Hous use Jud udiciary Co Committee 11-0 on
mber 13, 2 2019 r rec ecommen ending g pas assage age
Permits public authority to include provision that design professional indemnify public authority with regard to third party liability Also permits indemnity from subcontractors of design professional Any indemnity in public improvement contracts has to be in conformance with newly created statute Permits a public improvement contract to require an insurance policy as a form of indemnification Stipulates that indemnity only for designers proportionate to share of liability Current law permits indemnity provisions to effectively expand the designer’s standard of care to a “near perfection” standard on public projects Pending i in Ohio H
Civil J l Justice C Committee – last t action 4 4/19
■ Current law allows PD cap exception if injury resulted from defendant acting purposely and knowingly as defined in R.C. 2901.22 AND defendant convicted of or plead guilty to crime that is a felony that has an element of offense is mental state
■ Proposed law, PD cap exception extended if injury resulted from defendant acting in violation of law AND defendan dant convicted o
guil ilty t to felony t that at “ “is is a a stric ict c crim iminal liab iability o
knowingly and is basis of tort action. ■ Strict Liability offenses to which new law would apply: –
driving) –
impaired driving) – Statutory rape of child under 13 – Sexual battery to persons in position of trust (i.e. guardians, coaches, teachers, etc.) – Importuning (soliciting sex with a minor) – Pandering obscenity – Endangering children (impaired driving with minors in vehicle by repeat offender or in first offense that results in serious physical harm) – R.C. 2315.21(D)(6) Se Senat ate O Oversight Co Committee w wit ith l lit ittle ac actio ion – las ast ac actio ion 3 3/19
plaintiff
plaintiff and from $1,000,000 to $1,317,000 per occurrence (medical claims)
Seeks to raise compen mpensatory damages caps found at R.C. 2315.18 and R.C. 2323.43 (medical claims) to adjust for inflation:
small employer or individual
Seeks to raise pu punitive e damages caps found at 2315.21 to adjust for inflation:
Adds requirement that the annual jury source list compiled by the juror commissioners include every resident who has a valid Ohio driver’s license, CDL, or state issued ID Eligible to serve even if not registered to vote Purpose is to diversify jury pools according to proponent testimony Senate committee on local government last hearing 3/19
■ To enact “Ohio Fairness Act” to prohibit discrimination on the basis of sexual orientation, or gender identity or expression ■ Expands many of existing prohibitions against various unlawful discriminatory practices to apply to discriminatory practices on the basis of “sexual orientation,” or “gender identity or expression.” – 4112.01(A)(24) – “Sexual orientation” means actual or perceived, heterosexuality, homosexuality, or bisexuality.” – 4112.01(A)(25) – “ Gender identity or expression” means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, without regard to the individual’s designated sex at birth.” ■ Adds discrimination protection in housing, employment and public accommodations ■ Broad support by interest and business groups. SB SB 1 11 1 - Senat ate Judiciary C Committee – last a t acti tion was 5 5/19 HB 369 369 – House J Judiciar ary C Committee – introduced 10 10/19 – first h hear aring 11/19/19
■ Attempts to exclude managers, supervisors, employees from personal liability for discriminatory practices unless the allegation is based upon retaliation, aiding, or obstructing ■ Intent to supersede OSC case Genaro v. Central Transport which held supervisor can be jointly or individually liable with the employer for discriminatory conduct ■ Reduces current 6-year S/L to 2 years and provides uniform S/L of 2 years for both civil and administrative claims ■ Aligns with federal requirement that workplace discrimination claims must first be filed with OCRC before claims can be filed in court – eliminating dual actions ■ Codifies Faragher and Ellerth affirmative defense which exists under federal law for hostile work environment claims if employer can prove it had an effective harassment policy, properly educated employees about policy and complaint procedures, exercised reasonable care to prevent or promptly correct harassing behavior, and complainant failed to take advantage of preventative or corrective
■ Unifies age discrimination claims by providing single cause of action instead of the four possible causes of action under current law Pending in in House Civ Civil J Justic ice Co Committee - OAC ACTA p A provided p proponent t testimony o
11/19/ 19/19 19
SB 111 – Legalize sports betting (and to tax businesses that provide sports betting) (11/6/19 Senate General Government and Agency Review Second Hearing) HB 113 – Towing spotters – prohibits employing or compensating spotters (primarily for parking violations) (Reported
House Transportation and Public Safety) HB 327 – Prohibit drone delivery – to prohibit business from using an unmanned aerial vehicle to deliver packages (9/24/19 referred to Committee House Transportation and Public Safety)
■ HB 235 – Official cookie – to designate the sugar cookie as the official cookie of Ohio
This Photo by Unknown Author is licensed under CC BY-SA-NC
Current state drink HB 393 – Wants to take down Tomato Juice with …
This Photo by Unknown Author is licensed under CC BY-NC This Photo by Unknown Author is licensed under CC BY-NC-ND
Recent ent C Chal alleng enges es t to Robi
son v
■ Seemingly organized effort by Plaintiff’s bar to challenge validity
3/20/19: ■ Based upon this, Plaintiffs argued reimbursement determinations by any insurance company (i.e. write offs) are not admissible and defendants could no longer introduce evidence
■ Motion made in several counties at roughly the same time (in Montgomery County, Grossman v. Kettering Medical Center 2017-CV-01983; Lucas County, Ruiz v. The Laurels of Toledo, G- 4801-CI-0201704952-000) ■ Motion In Limine granted in Grossman – but based on “medical claim”
■ Counsel filed same motion in auto injury claim the day after the Motion in Grossman was granted – Judge Krumholtz of Montgomery County Court of Common Pleas den denied the Motion – Ruled that it only applies to medical claims (claims that arise out of medical diagnosis, care, or treatment ■ May apply to medical malpractice or nursing home cases ■ Motion for reconsideration filed in Grossman case, but it appears the case was settled before Court ruled