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Category Archives: Miscellaneous

Gang of Five Files Answer Denying Violations of Open Meetings Act

Author By Finney Law FirmPosted on

Today, attorneys for the City of Cincinnati filed the self-proclaimed “Gang of Five’s” answer to the April 9, 2018 Open Meetings Complaint (read the complaint here, read additional blog posts about the case here and here).

Surprisingly, the Gang of Five deny that they conducted meetings via telephone, email, and text message.  We say surprisingly, because the emails and text messages attached to the complaint make clear that the Gang of Five did conduct such meetings.

The councilmembers’  responses to interrogatories and requests for documents are due later this month, and depositions are set to begin shortly.

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What Does Kentucky Law Say About General Contractor Liability for Faulty Construction?

Author By Finney Law FirmPosted on

How much liability, if any, do general contractors have for faulty construction when subcontractors are also involved in a project? The answer to this question depends not just on the circumstances of the case but also on the state where the project is taking place.

In recent years, Kentucky law has been tougher on general contractors in these cases than other states, which has led some construction law observers to argue the state’s Supreme Court should consider revisiting the issue.

When a general contractor hires a subcontractor, there is always an expectation that the subcontractor will perform its work in a high-quality manner. Shoddy work performed in a negligent way not only creates a higher likelihood of property damage and construction defects, but could also cause significant harm to the general contractor’s reputation.

General contractors often left on the hook

Unfortunately, Kentucky law is unfavorable to policyholders in some types of construction cases.

In 2010, for example, the Kentucky Supreme Court ruled the faulty workmanship of a subcontractor on a construction project cannot be accidental. This was in the case of Cincinnati Ins. Co v. Motorists Mut. Ins. Co., which set the unusual precedent that in cases involving shoddy construction, general contractors essentially hire a subcontractor with the expectation that the work performed will be subpar.

Other states have repeatedly gotten this issue right over the years, which means it may be time for the Kentucky Supreme Court to take another look at the decision and overturn its ruling. The vast majority of state supreme courts have ruled that faulty workmanship can be (and typically is) accidental, which means it’s considered a covered “occurrence.”

When the Kentucky Supreme Court issued its Cincinnati ruling, it pointed to several other states that applied similar rules. Five of those states — Arkansas, Colorado, North Dakota, South Carolina and West Virginia — now apply the opposite rule in these cases.

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.

 

Finney Law Firm files suit to obtain Public Records related to Secret Payoffs made by Clerk of Courts Aftab Pureval

Author By Finney Law FirmPosted on

As part of his political “house cleaning” when he first took office, Aftab Pureval paid severance packages to outgoing employees and required that they sign non-disclosure agreements. Local government watchdog Mark Miller asked for copies of these records, only to be ignored by Aftab Pureval.

Now, six weeks after Pureval received the request, and with no response whatsoever from Pureval, Finney Law Firm filed suit to force the release of the requested records.

It is expected that the records will show that Pureval used attorneys other than his official statutory counsel in drafting these agreements, and that the agreements are legally unenforceable; that they were simply a means of coercing former employees into silence as he prepared his run for higher office.

Read the complaint below or click here to view it on Scribd.

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What Are Deceptive Trade Practices, and How Are They Covered Under Kentucky Business Law?

Author By Finney Law FirmPosted on

The term “deceptive trade practices” encompasses any type of advertising or labeling intended to somehow mislead or deceive consumers. Kentucky has extensive consumer protection laws — in addition to federal laws — to protect consumers from suspicious or disingenuous advertising and sales tactics. There are also mechanisms to punish companies that engage in these practices.

While Kentucky is not one of the states that has adopted the Uniform Deceptive Trade Practices Act, it still has plenty of statutes in the Consumer Protection and Criminal sections of its revised statutes. These laws prohibit companies from intentionally misleading consumers.

Businesses that violate these regulations could be forced to pay remedies, such as reasonable attorney’s fees, fines worth hundreds of dollars and, in severe cases, imprisonment for the owners.

Additional consumer protections

Beyond the laws that Kentucky and the federal government have established to prevent businesses from purposefully deceiving customers, there are plenty of other means for consumers to protect themselves and exercise their rights. This is important, as state laws are limited in terms of the remedies they can provide after a scam has already occurred.

Consumer protection offices are scattered throughout the state and provide Kentuckians with up-to-date information on scams in those specific areas. Local residents can report individuals or businesses in their area who engage in misleading business practices by filling out paperwork and submitting it to one of these offices.

Additional resources include www.consumeraction.gov, a federal website developed with the intent of providing consumers with another outlet to report wrongdoing. The Better Business Bureau also keeps an eye on misleading practices.

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.

 

Finney Law Firm Files Suit for Public Records

Author By Finney Law FirmPosted on

Today, Finney Law Firm filed suit against the self-proclaimed “gang of five” – PG Sittenfeld, Chris Seelbach, Wendell Young, Tamaya Dennard, and Greg Landsman – seeking production of public records they are withholding in violation of Ohio’s Public Records Law.

On April 9, 2018, Finney Law Firm submitted a public records request on behalf of Mark Miller, to each member of the “gang of five” seeking production of all communications between each of them and any other member of council from March 1, 2018 to March 19, 2018 regarding Harry Black or John Cranley.

This morning, attorneys for the City produced 10 pages of group text messages between all five members, but made clear that they refuse to produce text messages or emails other than the group-messages. As Cincinnati Enquirer attorney, Jack Greiner, told the Cincinnati Business Courier, this is contrary to the requirements of the Public Records Law, R.C. 149.43:

Jack Greiner, an attorney at Graydon Head & Ritchey who represents other Cincinnati media organizations in public records and open meetings matters, said state law requires that public records be kept, that communications between officials are a public record and text messages qualify as communications.

“The format shouldn’t matter,” Greiner said. “The city has a records retention schedule that would cover those. The city has to figure out how they’re going to retain that information and archive it.”

You can read the complaint below or on Scribd here.

 

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New ordinance proposes to regulate Cincinnati Air BNBs

Author By Christopher P. FinneyPosted on

Fox19 is reporting today that the City of Cincinnati is considering legislation to regulate Air BNB rental units in the City of Cincinnati.  Features of the proposed ordinance:

  • it would regulate short term rentals of entire dwelling units for periods of 30 days or less at a time.
  • Rentals for each unit would be limited to 90 days out of any calendar year.
  • Unit owners would have to license each unit and renew the license every year.
  • Unit owners would have to submit to annual zoning, building, safety, and housing code inspections.
  • Unit owners would have to have liability insurance on the property,
  • Unit owners would be required to pay taxes on the rental income, including a transient occupancy tax.

The purposes for the ordinance  from the Fox19 are:

  • to reduce the negative impact of short term rentals
  • to protect residential tenants who otherwise would be evicted to allow for conversion of their  units for AirBNB occupants
  • to keep AirBNB renters safer.

Read the Fox19 article here.

Kentucky Law Places Limitations on the Interest Rates Lenders Can Charge

Author By Finney Law FirmPosted on

Banks and other loan providers in Kentucky must follow strict state laws regarding the interest rates they may charge. What follows is a brief summary of interest rate laws in the state.

Legal maximum rates and judgment rates

In Kentucky, the maximum legal interest rate is 8 percent, unless the parties agree otherwise. Even in those exceptions, parties may not agree to a rate that is more than 4 percent over the discount rate of the Federal Reserve Bank or 19 percent (whichever is lower) for principal amounts of $15,000 or less.

The standard interest rate for court judgments is 6 percent, but if the obligation arose from a contract that specified a different rate, then that contract rate still applies, no matter if it’s higher or lower than 6 percent.

Home loans

Kentucky law has a variety of stipulations aimed at preventing predatory lending practices. For example, residential mortgages between $15,000 and $200,000, with closing costs of either $3,000 or 6 percent of the total loan, have special rules associated with them. Lenders may not charge prepayment penalties for these loans unless the borrower receives a written offer without a prepayment penalty. Then, if that offer gets rejected, the penalty cannot be more than three percent for the first year, two percent for the second year, one percent for the third year or any amount after three years.

Lenders can charge fees to change or renew a high-cost home loan or defer payments unless the fees are less than half the fees to refinance or the borrower is in default and the modifications are in the borrower’s best interest.

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 Can Kentucky Employers Use Arrest and Conviction Records?

Author By Finney Law FirmPosted on

Job hunting can be difficult for a person with a criminal record. There are federal and state protections that can make matters a little easier for these individuals.

In Kentucky, job applicants do not have to disclose any expunged records on their employment applications. However, the state does not prohibit employers from considering arrests and convictions as they make their employment decisions.

That said, there are still additional federal protections afforded potential employees that affect Kentucky business owners.

Fair Credit Reporting Act (FCRA)

The FCRA deals with inaccurate or incomplete records. Criminal background checks occasionally include errors, such as convictions that were expunged, misclassifications of crimes, incomplete information about a crime (such as charges being dropped), multiple listings of a single offense or records that do not actually belong to the applicant.

The FCRA obliges employers to do the following:

  • Get written consent from a job applicant before performing a background check
  • Inform the applicant if the results of the background check could negatively affect his or her chances of being hired, and provide the applicant a copy of the report
  • Inform the applicant if the decision not to consider the applicant was based on the results of the background check

The FCRA also requires all firms that perform background checks to take reasonable steps to ensure the information they provide is accurate and current.

Title VII of the Civil Rights Act

Title VII protects applicants and employees from discrimination. Employers may not, for example, make hiring or firing decisions on the basis of race, gender, sexual orientation, religion or other protected statuses.

This can occasionally tie in to the use of arrest and conviction records. Because arrest and incarceration rates are disproportionately higher for minorities, an employer with a policy of excluding any applicants with a criminal record could, in some cases, be accused of racial discrimination.

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.

 

Proposed Legislation to Clarify Tax Levy Ballot Language

Author By Finney Law FirmPosted on

House Bill 488 sponsored by Ohio State Representatives Becker and Hood will require that the effect of proposed tax levies be more clearly explained on the ballot.

Under current law, information on the effect of a proposed tax levy is expressed based upon the “tax value” of real property (35% of the true value). The proposed law will provide information based on the effect of the tax levy using the fair market of real property, as well as the millage rate against the tax value.

The proposed change will make it easier for voters to understand tax levies and make more informed choices at the ballot box.

You can follow the progress of House Bill 488 here.

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