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Senate Bill 117 Litigation
August 31, 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, reversing an earlier decision and holding that
S.B. 117 became effective on August 1, 2007 and that the 90-Day referendum period also begins to run on that date.
Full text of the
August 31 Ohio Supreme Court decision
Bricker & Eckler
Bulletin on the Court's Ruling
Briefs and orders filed in the Ohio Supreme Court re: S.B.
117
August 20, 2007. A memorandum of amici curiae Ohio Alliance for Civil
Justice, Ohio Manufacturers' Association, Ohio Chamber of Commerce, National
Federation of Independent Business/Ohio, Ohio Counsel of Retail Merchants, Ohio
Business Roundtable, Ohio Chemistry Technology Council and Ohio Automobile
Dealers' Association was filed in opposition to the Secretary's motion for
reconsideration or stay.
Full text of the amici curiae brief
August 13, 2007. The Ohio Secretary of State filed a Motion for
Reconsideration or Stay of the Ohio Supreme Court's decision. This motion was
filed as a result of a letter the Secretary of State received from a number of
constituent groups (including the Equal Justice Foundation, Coalition on
Homelessness and Housing in Ohio, the National Association of Consumer
Advocates, the Ohio Association for Justice, the Cuyahoga Foreclosure
Prevention Program, the Fair Housing Center of Toledo, and the Cleveland
Tenants' Association) asking whether Senate Bill 117 was still subject to a
referendum (or whether the 90 day period had in fact expired).
Full text of the Secretary's motion
August 1, 2007 On August 1, 2007, the Ohio Supreme Court voted
5-2 that Governor Strickland improperly vetoed Senate Bill 117. In the ruling,
the majority said the ten-day window in which the bill could have been vetoed
expired on January 6, before Mr Strickland was sworn in as governor. The court
found that the veto on January 8 – the day Mr. Strickland was sworn in to
office – was invalid.
Full text of the August 1 Ohio Supreme Court decision
Bricker & Eckler
Bulletin on the Court's Ruling
Briefs and orders filed in the Ohio Supreme Court re: S.B.
117
Background of the State ex rel. The Ohio General Assembly v. Jennifer Brunner,
Secretary of State Litigation
In December 2006, the Ohio General Assembly approved Senate Bill 117 which
generally:
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Clarified that a city’s ability to sue product manufacturers, including paint
companies alleged to have contributed to lead poisoning, can only be brought
under the Ohio Product Liability Law;
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Permitted a consumer to recover $5,000 of non-economic damages under Ohio’s
Consumer Sales Protection Act; and
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Revised Ohio law as it relates to the attorney-client privilege involving bad
faith denial claims against insurers in an attempt to address the 2001 Ohio
Supreme Court ruling in
Boone v. Vanliner, 91 Ohio St.3d, 2001-Ohio-27.
Prior to leaving office, former Governor Bob Taft indicated that he would allow
this bill to become law without his signature, which pursuant to Ohio’s
Constitution happens after 10 days. Governor Taft filed Senate Bill 117 with
the Ohio Secretary of State’s office before his final day in office. On
Governor Strickland's first day in office, the incoming Secretary of State,
Jennifer Brunner, retrieved the bill and sent it back to Governor Strickland,
who promptly vetoed it.
On February 2, 2007, a complaint seeking a writ of mandamus was filed against
Secretary of State Brunner in the Ohio Supreme Court by the General Assembly
and Senate and House Leaders. The challenge involves two issues: (1) did
Secretary of State Brunner have the authority to send Senate Bill 117 back to
Governor Strickland after it was filed with the Secretary of State and (2) when
did the 10-day constitutional deadline for gubernatorial action expire.
A number of business and manufacturing interests across the state joined as amici
curiae on a memorandum in support of the General Assembly’s lawsuit.
Additional Resources
Senate
Bill 117 from the 126th Ohio General Assembly
Full text of the bill that was vetoed by incoming Governor Strickland and is
the subject of litigation
Analysis of S.B. 117
As prepared by the Ohio Legislative Service Commission
Briefs and Orders
Copies of the briefs and orders filed in the Ohio Supreme Court case of State ex
rel. The Ohio General Assembly v. Jennifer Brunner, Secretary of State
Public
Nuisance Litigation in Ohio Resource Center
Information and resources on lead paint litigation and Ohio Supreme Court
litigation over the January 2007 veto of S.B. 117
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