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Author Archives: Finney Law Firm

Pureval Lawsuit Returned to State Court

Author By Finney Law FirmPosted on

Finney Law Firm’s lawsuit on behalf of Brittney Heitman against Hamilton County Clerk of Courts Aftab Pureval has been remanded back to the Hamilton County Common Pleas Court.

Readers will recall that Heitman filed suit in August to have a non-disparagement clause declared unenforceable under Ohio law. Heitman was fired from the clerk of court’s office shortly after Pureval took office. Heitman filed suit in Hamilton County Common Pleas Court, but Pureval’s attorneys argued the case – premised upon the Ohio State Constitution – should be decided by a federal judge because the Ohio State Constitution mirrors the United States Constitution in some respects.

Nearly three months after Heitman’s motion, and three days after Pureval lost his election for congress, Judge Dlott granted our motion to remand the case, finding that – as we argued – the federal court did not have jurisdiction over the case.

The case now returns to Judge Robert Ruehlman.

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Finney Law Firm Files Motion to Dismiss Appeal in Open Meetings Lawsuit

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Finney Law Firm has filed a motion to dismiss the appeal filed by Cincinnati City Councilmembers Greg Landsman, PG Sittenfeld, Wendell Young, Tamaya Dennard, and Chris Seelbach in the Open Meetings lawsuit surrounding the “gang of five” illegal meetings that were uncovered by our client Mark Miller.

The councilmembers have appealed Judge Ruehlman’s discovery order to produce documents responsive to our discovery requests. The filing of the appeal was discussed here. You can read about our motion for contempt for failing to produce the requested discovery here.

The appeal should be dismissed in this instance because the Councilmembers did not properly raise the issue of privilege to the trial court, thus prohibiting them from now raising the issue to the Court of Appeals.

We hope for a swift resolution of this matter so that our client can obtain the requested discovery documents and proceed with the case.

Learn more about Finney Law Firm’s public interest practice here.

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Finney Law Firm Files Contempt Motion against Cincinnati Councilmembers

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Today Finney Law Firm filed a motion seeking to have Judge Ruehlman hold Cincinnati City Councilmembers Greg Landsman, PG Sittenfeld, Wendell Young, Tamaya Dennard, and Christopher Seelbach in contempt for failing to comply with his Discovery Order issued in the open meetings lawsuit filed on behalf of Mark Miller. Read the motion below or here.

Judge Ruehlman ordered the councilmembers  to produce the emails and text messages that were requested as part of the discovery process in a lawsuit alleging violations of Ohio’s Open Meetings Act. The documents were to be turned over by November 2. However, the councilmembers have failed to comply or seek a stay of the order. Meaning that they are in contempt of the Judge’s Order.

Failure to comply with a judicial order disrupts the orderly administration of justice and is a serious offense. This is entirely inappropriate conduct from elected officials. We hope that Judge Ruehlman orders them to appear in person so that they can explain themselves directly to the Court.

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Cincinnati’s Gang of Five Appeals Order to Produce Documents

Author By Finney Law FirmPosted on

Just days before Cincinnati City Councilmembers Greg Landsman, PG Sittenfeld, Tamaya Dennard, Wendell Young, and Chris Seelbach (the self-proclaimed “Gang of Five”) are due to produce emails and text messages in response to our discovery requests, their attorneys have filed a notice of appeal.

Last week Judge Ruehlman ordered the Gang of Five to provide responses to our discovery requests by Friday, November 2. This appeal seems aimed solely at delay and confusing the issues between two parallel pieces of litigation brought by Finney Law Firm on behalf of our client, local activist Mark Miller.

We will fight vigorously to defeat this latest effort to stall this litigation. Read the Notice of Appeal here.

Ohio Supreme Court Issues Instructive Decision in Property Valuation Case

Author By Finney Law FirmPosted on

In a unanimous per curiam opinion, the Ohio Supreme Court ruled that even when there is a recent arm’s-length sale, appraisal evidence of value should be considered to contradict the sale price.

In Spirit Master Funding IX, L.L.C. v. Cuyahoga Cty. Bd. of Revision, Slip Opinion No. 2018-Ohio-4302, the subject property was sold twice in 2014, one in August for $2,925,880; and again in December for $3,439,0290. The property was not subject to a lease at the time of the first sale, but was subject to a 20 year lease at the time of the second.

The Board of Tax Appeals adopted the August sale price as the true value, disregarding an appraiser’s opinion that the property’s true value as of January 1, 2014 was $1,535,000. The Board of Tax Appeals accepted the school board’s argument that the property owner did not dispute that the August 2014 sale was arm’s length, believing that question to be dispositive.

“The school board’s argument ignores the fact that appraisal evidence can both attack a sale price as evidence of true value and provide affirmative evidence of value in its own right” Spirit Master Funding IX, Slip Opinion No. 2018-Ohio-4302, ¶ 9.

The case has been remanded to the Board of Tax Appeals to give consideration to the testimony and report of the property owner’s appraiser.

This decision continues a trend at the Ohio Supreme Court to give force to the recent changes to Ohio’s property valuation regime.

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Supreme Court Orders Expedited Response in Pureval Lawsuit

Author By Finney Law FirmPosted on

The Ohio Supreme Court has ordered the Ohio Elections Commission to file its response to Aftab Pureval’s emergency motion to halt the investigation into his campaign finance violations by noon on Friday, October 26, 2018.

In addition to the filing at the Ohio Supreme Court, Pureval has filed yet another motion with the Ohio Elections Commission seeking to delay the hearing until after the election. Pureval is desperate to prevent the voters from scrutinizing his campaign spending before the election.

The Order from the Ohio Supreme Court and the latest filing at the Ohio Elections Commission are below and available online here and here.

Read more about Pureval’s efforts to avoid accountability in this matter here, here, and here.

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Pureval Seeks Fifth Bite at the Apple to Delay Elections Commission Investigation

Author By Finney Law FirmPosted on

Fresh off a loss at the Tenth District Court of Appeals, Aftab Pureval has filed an appeal with the Ohio Supreme Court seeking to halt the Ohio Elections Commission investigation into campaign finance violations by his Clerk of Courts Campaign.

This will be the Pureval’s fifth attempt at halting the investigation; having lost this argument three times before the Elections Commission and once at the Court of Appeals.

It appears that Pureval is desperate to avoid sunshine and public scrutiny of his campaign finance violations.

Read the notice of Appeal below and  here and Motion for Expedited Proceedings here.

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Employers’ Responsibility for Health Insurance in Kentucky

Author By Finney Law FirmPosted on

There is no law in Kentucky that requires employers to provide group health insurance to their employees. While most employers do provide this benefit, there is no government regulation or entity forcing them to do so.

There are, however, state laws that require employer-provided policies to cover specific services. These required coverages are known as “mandated benefits.”

A full list of state-required benefits in Kentucky is available through the Center for Consumer Information and Insurance Oversight. The following are a few examples of benefits that employers must provide in their insurance policies:

  • Home healthcare and hospice
  • Autism spectrum disorders
  • Hearing aids and related services
  • Colorectal cancer screenings
  • Diabetes
  • Reconstructive surgery
  • Minimum inpatient post-delivery care for mothers and their newly born children
  • Emergency medical conditions and emergency department services

The self-insurance exception

U.S. federal law prohibits states from regulating self-insured benefit plans. Thus, the mandated benefits and continuation and conversion provisions in Kentucky do not apply to any health insurance plan in which the employer pays for all of the benefits without the proceeds of an insurance policy.

An employer’s health plan is classified as self-insured if the risk of paying out claims is on the employer rather than the insurance provider. These plans can be contracted with third-party administrators — which can include insurance companies — to actually process the benefit claims. The third-party administrator then pays the claim before the employer provides reimbursement.

In many cases, self-insured plans involve coverage called “stop-loss” insurance, which covers particularly large claims. The purchase of this coverage does not lead to losing self-insured status and the exemption from state regulations.

Affordable Care Act

Finally, the enactment of the Affordable Care Act mandated the development of healthcare exchanges that provide individuals and small businesses with realistically affordable access to insurance coverage. Each state has some flexibility with creating exchanges that best meet their needs while still fulfilling the regulatory and statutory standards of the ACA. Kentucky’s exchange is the Kentucky Health Benefit Exchange.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; [email protected]; 513.797.2850.

 

How Medical Malpractice Works in Kentucky

Author By Finney Law FirmPosted on

In Kentucky, medical malpractice occurs when a healthcare professional (such as a doctor, nurse or other hospital staff member) is medically negligent, leading to injury for a patient. Medical negligence arises from any acts or failures to act that fall below the standard of care expected of competent medical professionals.

To determine if the action fails to meet this standard and qualifies as medical malpractice, legal professionals compare the actions of the healthcare professional to the hypothetical actions of a “reasonably competent” professional in the same field and circumstances.

For example, a healthcare provider in Kentucky could be considered medically negligent in the following circumstances:

  • Failure to diagnose (or an incorrect diagnosis)
  • Failure to treat or provide acceptable treatment
  • Prescription errors
  • Birth injuries caused during delivery and treatment

Who is the typical defendant in a medical malpractice lawsuit?

Any healthcare provider who is legally allowed to treat a patient or provide medical services of any type could be held liable for medical malpractice. This includes nurses, doctors, surgeons, dentists, hospitals, clinics, social workers, medical groups and psychologists.

What is the statute of limitations for medical malpractice claims in Kentucky?

A person who has been injured due to alleged malpractice must file a claim within one year of the date of the act that resulted in the injury. However, if the injury was not discovered until later, the injured patient has one year from the date of discovery — or the date the injury should have been discovered. A failure to act within the statute of limitations will likely result in the patient’s case being summarily dismissed.

Does Kentucky have medical malpractice damage caps?

Kentucky has no caps for economic, noneconomic or punitive damages. A plaintiff in a malpractice claim could receive a significant amount of money if the negligence was particularly egregious.

However, it is important to remember that there is a very high burden of proof in medical malpractice cases. Just because a procedure resulted in a negative outcome does not mean that procedure was administered negligently.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; [email protected]; 513.797.2850.

 

Transcript of Board of Elections Special Meeting Released

Author By Finney Law FirmPosted on

The Hamilton County Board of Elections released a transcript of this mornings meeting. Read the transcript on scribd here or below.

Also released was a new filing by the Aftab Pureval campaign – the unredacted checks showing that the $16,500 payment to GBA Strategies – a DC polling firm – was indeed for polling, not “consulting.” View the checks here or below.

These documents prove the truth of the complaint filed by Finney Law Firm with the Ohio Elections Commission and highlight the need for a full investigation by the Ohio Elections Commission.

The Ohio Elections Commission will hold its probable cause hearing Thursday, September 20, at 10 a.m. in the Riffe Center in Columbus, Ohio. We look forward to a full adjudication of our complaint.

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