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What the courts are saying

Bricker & Eckler LLP
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USA
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January 16 2009

In our first case for the month of January, we look at whether a township was immune from liability for allegedly failing to maintain a road properly

Ohio law requiring petition-circulators be paid on flat-fee basis found unconstitutional

Bricker & Eckler LLP
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USA
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March 7 2008

On March 5, 2008, the United States Court of Appeals for the Sixth Circuit issued its opinion in Citizens for Tax Reform v. Deters, Case No. 07-3031, which affirmed the holding of the United States District Court for the Southern District of Ohio that Ohio Rev. Code 3599.111 created an unconstitutional abridgement of free speech

What you need to know about Ohio’s response to Kelo

Bricker & Eckler LLP
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USA
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August 1 2007

In the United States, the power of eminent domain the government’s right to take private property for public use upon reasonable payment to the property’s owner has always operated within strict parameters

A rare successful Type II differing site conditions claim

Bricker & Eckler LLP
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USA
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May 30 2007

Back in January of 2006, this column discussed proving a Type II differing site conditions claim, one for costs attributable to site conditions that differ from the known and usual

U.S. Supreme Court upholds "issue advocacy"

Bricker & Eckler LLP
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USA
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June 28 2007

On Monday, June 25, 2007, the U.S. Supreme Court issued its long-awaited ruling in the F.E.C. v. Wisconsin Right to Life campaign finance litigation

Retroactive application of House Bill 694 prohibited by court ruling

Bricker & Eckler LLP
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USA
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June 28 2007

On June 8, 2007, the Franklin County Court of Common Pleas ruled that the new prohibitions in House Bill 694 cannot be applied to contributions made before the effective date of the law

Ohio Supreme Court holds that S.B. 117 became effective on August 1, 2007 and 90-day referendum period begins to run on that date

Bricker & Eckler LLP
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USA
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September 4 2007

On August 31, 2007, the Ohio Supreme Court granted the Secretary of State's Motion for Reconsideration or Stay in State ex rel. Ohio General Assembly v. Brunner and issued a per curiam decision holding: Despite our statements to the contrary in Brunner, Am.Sub.S.B. 117 became law on August 1, 2007

United States Supreme Court upholds voter ID law

Bricker & Eckler LLP
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USA
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May 9 2008

In a long-awaited ruling, a split United States Supreme Court upheld Indiana's strict photo ID requirement, which is more stringent than Ohio's law in several respects

FEC regulation of Section 527 political groups

Bricker & Eckler LLP
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USA
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September 26 2007

The United States D.C. District Court granted summary judgment for defendants in Shays v. Federal Election Commission on Aug. 30

Magistrate judge recommends injunction against White House destruction of email backup tapes

Bricker & Eckler LLP
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USA
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October 25 2007

In a case brought pursuant to the Administrative Procedure Act and the Federal Records Act seeking restoration of deleted emails from backup tapes, Magistrate Judge John Facciola recommended that the District Judge issue an injunction requiring the Government to preserve backup media

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