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Category Archives: Miscellaneous

How to Serve Legal Process Upon a Foreign Individual or Entity

Author By Finney Law FirmPosted on

Correct service of process is a basic and vital part of initiating a lawsuit. In American jurisprudence, courts need to know that defendants have received actual notice of the existence of lawsuits filed against them. Service of process on a foreign person or entity can be complicated but must be completed properly or the plaintiff risks having the suit dismissed.

The United States is a signatory to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. The purpose of the Hague Convention is to formalize serving lawsuit papers and other documents in a timely and simple manner to ensure that foreign persons or entities sued in another country receive actual notice of legal actions against them.

Under the Hague Convention, signatories designate a “central authority” to accept documents to be served on persons or entities in that country who are named as defendants. The central authority then effects service on those parties according to local law and provides proof of service to the plaintiffs.

It is important for plaintiffs and their business lawyers who are suing foreign persons or entities in the United States to be aware of the service-of-process laws in the country where the named defendants are situated. Under Alternative A of the Hague Convention, parties may directly serve documents by mail on other parties to the suit if permitted by the country where the defendant lives. If a country does not permit direct service by mail, the serving party must serve legal documents through the central authority. In some countries, the central authority requires that the legal documents to be served are in that country’s official language.

If the country in which a defendant resides is not party to the Hague Convention, Kentucky law permits service of process through registered mail.

Another way to effect service of process on a foreign entity is to serve that entity’s registered agent in the United States. If there is no registered agent, the foreign entity’s subsidiary may be served if it is an actual or apparent agent of the corporate parent and the corporate parent exercises dominion or control over the subsidiary.

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.

 

All the info you need to know on property tax valuation issues in Ohio

Author By Christopher P. FinneyPosted on

Tax bills in Hamilton County will be mailed on January 7 and are due February 1. Nonetheless, the County Auditor has sent out notices to homeowners in December as to the new valuation of properties that will appear on the January tax bills. Since the January 2021 tax bills represent the start of a new tax triennial, every property owner in Hamilton, Butler and Clermont Counties will get new valuations in those upcoming tax bills. As a result, our phones are starting to ring about help with property tax valuation reductions.

If you are thinking about challenging your property’s tax valuation, below are linked two blog entries with lots of information on the wisdom of taking such a path, and the detailed procedures for doing so. One of them has an instructional video on tax valuation reduction in Ohio.

Ohio and Kentucky property tax valuation challenges vexing in 2021

’tis the season for property tax valuation reduction (with How To video)

Contact Chris Finney (513-.943.6655) or Casey Taylor (513.943.5673) for information on how we can help get your property taxes reduced.

 

 

 

Kentucky Supreme Court Upholds Governor’s Power to Order COVID-19 Lockdowns but Legislators Balk

Author By Holly J. KlostermanPosted on

On November 12, 2020, the Kentucky Supreme Court rendered a unanimous decision that upheld executive orders and regulations issued by Governor Andy Beshear in response to the COVID-19 pandemic, finding them a legitimate use of the governor’s executive authority that did not violate the Kentucky Constitution. However, the decision has prompted a legislative backlash that may lead to an attempted curtailment of the governor’s emergency powers.

Beshear, a Democrat, declared a state of emergency in Kentucky on March 6 because of the COVID-19 pandemic. Subsequently, he issued multiple executive orders directed at various businesses, schools and other facilities throughout the state. These orders restricted hours of operations, who could and could not be admitted to places of business and how many customers could be admitted or served.

Several businesses — including a restaurant, a day care center and an automotive racetrack — sued the governor, seeking injunctions against the restrictions under state administrative law. The Kentucky Attorney General intervened in the suit on the side of the businesses. In July, the Supreme Court ordered the executive orders and regulations to be stayed until the court heard the cases on the merits.

In its 103-page opinion, the court stated:

  • The governor properly declared an emergency and validly invoked the emergency powers granted to him under Kentucky Revised Statute Chapter 39A.
  • Chapter 39A does not violate the separation of powers provisions of the Kentucky Constitution.
  • The governor was not required to address the COVID-19 emergency solely through the emergency regulations adopted under Chapter 13A.
  • The executive orders and regulations issued by the governor did not violate the Kentucky Constitution’s provisions protecting the property rights of state residents.

Republicans were not happy. Senate Majority Leader Damon Thayer went on Twitter, calling the Democratic governor’s orders “arbitrary & capricious.” He further tweeted that the governor’s actions “have destroyed jobs, harmed economic recovery & increased mental illness.” Republican Agriculture Commissioner Ryan Quarles said that when “the General Assembly returns in January, I hope they move quickly to restore the balance of our constitutional order back to the people, where it rightly belongs.”

Will the majority Republican legislature amend Chapter 39A when the legislature reconvenes? Certainly, some Kentuckians feel that Governor’s executive orders are excessive and heavy-handed. However, as of the end of November, 2020, there were over 164,000 coronavirus cases and over 1,900 COVID-related deaths in Kentucky. Hopefully, politicians from both sides will make decisions that benefit the public health and welfare of all Kentuckians.

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 Property Tax Valuation

Tips on real estate title and debt in divorce proceedings

Author By Christopher P. FinneyPosted on

Over my years of practice, I have seen countless (and needless) debt and real estate title problems arising from divorce proceedings, some arising many years after the divorce decree goes on. In this blog entry, I address several of these.

For anyone going through a divorce, or who has already been through a divorce, I’d recommend “checking all the boxes” in this blog entry to avoid costly problems arising from a divorce. (Just because your divorce was years ago does not mean some of these problems won’t still raise their ugly head.)

  • First, on Day #1, cancel all joint credit cards and terminate all joint lines of credit. Time and time again, I have seen one spouse run up credit card charges on joint accounts, and run up lines of credit — maybe secured by a lien on the house — to the max either as the divorce is proceeding or after the divorce. Worse, they have spent it on jewelry, trips, cars, flowers and candy for the new girlfriend (classy!). On Day #1, and I mean Day #1, stop the soon-to-be ex-spouse’s access to joint credit.  Otherwise, when they go bankrupt or insolvent, you may be left holding the bag.
  • Terminate all accounts on which you are liable: The one that is most common is a cell phone account. But it might be a utility service (water, sewer, gas, electric), a joint account at a retailer, a business line of credit, etc. Close those accounts or take your name off of them. Do it in writing. Do it promptly as the divorce proceeds.
  • A common resolution of the division of the home (or other property) jointly owned by the divorcing husband and wife is that the divorce court orders one spouse to convey their 1/2 interest in such house or property to the other party. And associated with that that, the grantee then is ordered to refinance the mortgage on the house so that the grantor is released from the debt associated with the the-existing joint mortgage. That is fine as far as it goes, but countless times I have seen one or the other spouse not follow through on that. Here are some problems I have seen with this:
    • The ex-spouse who is supposed to grant the real property delays interminably and fails to do so. The grantee ex-spouse ignores the failure, sometimes for years. This is a huge mistake. Get that deed.
    • The grantee ex-spouse gets a deed, but tucks it into her dresser drawer and forgets about it. You have to record that deed immediately, otherwise intervening liens and bankruptcy of the grantor ex-spouse filings take priority! In the case I recall, the grantor spouse filed bankruptcy years later, and that 1/2 interest in the house went to the ex-spouse’s creditors rather than to the grantee. The problem was not fixable.
    • The grantee ex-wife was the signer on a line of credit for the grantor ex-husband’s business. That line of credit was secured with a lien on their marital residence that was ordered by the Court to be granted to the ex-wife. The ex-husband did in fact give the deed to the ex-wife, but ex-wife did not refinance the house as the divorce decree required (which would have almost certainly revealed the second mortgage securing the line of credit that she forgot). Thus, the second mortgage securing the line of credit was never released.  Thirteen years later, the ex-husband hit hard times financially, and ran up the line of credit — that was still secured with a mortgage against the ex-wife’s house. Ex-wife’s property is then subject to a six-figure second mortgage for the ex-husband’s post-decree debt, rather than free of that debt as it should have been. So, cancel all secured lines of credit immediately, and get a title exam on the granted house to assure title you are getting is clear.

These things are not automatically addressed by either a divorce filing or by the decree in a divorce. They have to be carefully implemented to conclusion. Everything bad that can go wrong in these steps does go wrong, time and time again. And while said ex-spouse may be on the hook for the breach of the divorce decree, that does not change the reality that the third party creditor has a right to get paid. And if the ex-spouse is flat busted, there will be no recovery from him or her. This is commonly the case.

At present Finney Law Firm does not handle most domestic matters.  But, these are some tips to form a discussion with your divorce attorney to assure all “I’s” are dotted and all “T’s” are crossed in divorce proceedings.

Please share this with a friend going through a divorce. It may save them headaches and a lot of money.

 

 

 

 

 

Ohio and Kentucky property tax valuation challenges vexing in 2021

Author By Christopher P. FinneyPosted on

To appeal your taxes or not appeal your real property taxes, that is the question.

For some property investors, 2020 has been a difficult year: Many retail properties, hotels and office buildings have suffered from high vacancies, high rental defaults, and slow-to-no calls from new tenants. For these categories of income-producing properties, the enormous challenges presented by COVID-19 seem to have caused a significant reduction in property values.

Thus, it makes perfect sense to challenge those values in 2021, right?

Well, not so fast. Here are some considerations:

State of Ohio

  • Tax valuation challenges filed in Ohio in 2021 are for tax year 2020, and the “tax lien date,” the target date for valuation decisions is January 1, 2020.
  • That is, of course, months before the deleterious effects of COVID-19 impacted the USA real estate market.
  • Therefore, an Ohio property owner is likely to lose a valuation challenge brought in 2021 based primarily or solely upon a downturn starting in March of April of 2020.
  • Even worse, a property owner is entitled to bring tax valuation challenges only once in a “triennial,” the 3-year cycle which Ohio uses for Board of Revision cases.
  • Hamilton County, Clermont County, Butler County, Franklin County (Columbus) and Montgomery County (Dayton) all start new triennial cycles in tax year 2020. This means that if a property owner brings and loses a tax valuation challenge brought in calendar year 2021 in those counties, the valuation by law must stay in place through tax year 2022 (first challenged again in 2023).
  • On the other hand, if a property owner waits until first quarter of 2022 to file a challenge (for tax year 2021) in those counties, he will have a much stronger basis for valuation reduction (valuation target date is then January 1, 2021).
  • On the other hand, Warren County, Lucas County (Toledo), Stark County (Canton) and Cuyahoga County (Cleveland) (among others) are in their last year of the triennial in 2020, meaning a property owner can bring a complaint in 2021 (win or lose) and then turn around and bring a fresh challenge in 2022.

So, an Ohio property owner should carefully consider whether to bring a 2021 challenge. It could bring great rewards or lock in an articificllay high value for three years, potentially unnecessarily.

State of Kentucky

Kentucky is an entirely different matter. Challenges of value — which are started by PVA meetings the first two weeks of May — in 2021 are for tax year 2021. Thus, the full impact of COVID-19 on property values are at issue in challenges in 2021. It is much more straightforward.

Conclusion

For assistance with an Ohio or Kentucky property tax valuation matter, contact Casey Jones (513.943.5673) or Chris Finney (513.943-6655).

 

 

 

Hamilton County, Ohio jury trials indefinitely suspended

Author By Christopher P. FinneyPosted on

The COVID-19 pandemic crisis has spurred a second suspension of jury trials in Hamilton County, this one “until further notice.”

This applies to to both civil and criminal jury trials. As far as other proceedings (from conferences with the Judge to non-jury trials), it is “hit or miss” and each case and each Judge may have a different schedule. However, our experience is that things are proceeding, if slower than normal.

Read more on WLWT.Com here.

How to Obtain Records from a Public Agency in Kentucky

Author By Todd McMurtryPosted on

Kentucky citizens have the right to know how public agencies, officials, departments and other bodies conduct their affairs. Since passage of the Kentucky Open Records Act in 1976, all public records have been open for inspection by anyone who requests them, unless the record falls under an exemption.

The Open Records Act applies to all public records kept by state and local government entities, including:

  • State and local government officers, departments and legislative bodies
  • County and city governing bodies, school district boards, special district boards and municipal corporations
  • State or local government agencies created by statute or other legislative acts
  • Bodies that receive at least 25 percent of their funds from state or local authority
  • An entity where the majority of its governing body is appointed by a public agency
  • Boards, commissions, committees and other bodies that are established, created and controlled by public agencies
  • Interagency bodies of two or more public agencies

The full procedure for requesting public records, along with explanations of which records are exempt, is available here.

You must first send your request, in writing, to the official records custodian for the agency. You must describe the records you want to inspect, sign the request, and print your name.

Importantly, the request must seek records, not merely information. A request stating, “How much are the city’s employees paid?” is likely to be denied. The proper way to phrase the request is, “Please provide me with copies of the city’s payroll records for the most recent year.”

Your request may be hand-delivered, mailed or faxed to the agency. Sending your requests by email may be an option, but many agencies are not required to answer them. The state governor requires all executive branch agencies to accept email requests, but non-executive agencies do not have to do so.

The agency must respond to your request, in writing, within three business days. If you send your request to the wrong agency, or if the record you requested is unavailable, the agency is required to notify you. Similarly, if the agency refuses your request, the agency must explain why.

Records will be provided in whatever format they are kept. Agencies are not required to convert paper records to electronic formats.

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

We are pleased to announce the Launch of our new website | FINNEY LAW FIRM

Author By Christopher P. FinneyPosted on

We are excited to announce the launch of Finney Law Firm’s new website. We have worked hard to create a modern website that is easy to navigate and fun to use. Our website is optimized to work on your laptop, desktop, tablet, and smartphone. Our new social features make it easy for you to connect with our professionals and share content on all your favorite platforms. Please take a look: www.finneylawfirm.com and let us know what you think.

Responsive Design

One of our primary goals in creating our new site was to make our content accessible to all our clients and visitors. Our new website employs what is called a “responsive design” that dynamically resizes to fit your browser. This means that no matter what device you are using right now, our website will change to give you a great viewing experience.

Clean, Modern Design

We are committed to keeping you up to date on the latest legal and business issues. To reinforce this commitment, our new website delivers rich content in a clean and organized way. We have changed the organizational structure of our Blog and have narrowed down our categories for easier searching. Our website infrastructure has been developed to make this content easily accessible and fast to load.

Partnership with Holland Adhaus

We are thrilled to have found an agency that shares our values and integrity. Their honest and open communication every step of the way has helped us to enhance Finney Law Firm’s presence in Greater Cincinnati and Northern Kentucky. Holland provides a comprehensive suite of marketing services for small businesses and large companies alike. Please visit www.hollandadhaus.com for more information.

Thank you for your continued support of Finney Law Firm. We look forward to servicing all of your legal needs and in particular, please check out our new Practice Area, Small Business Solutions Group, at this link: https://finneylawfirm.com/practice-areas/small-business-solutions-group/

Understanding Shareholders’ Rights in Derivative Actions

Author By Todd McMurtryPosted on

When someone who controls a corporation, such as a CEO or director, engages in conduct that a shareholder believes has harmed the corporation in some way, what can the shareholder do about it? In some circumstances, a shareholder may file a derivative lawsuit.

Shareholders are investors in a corporation but they do not have control over business operations. They elect directors who in turn appoint officers and executives to handle management. However, shareholders have a variety of rights, and one of the most important is the right to sue an officer or director who allegedly has harmed the corporation. Such a lawsuit is called a derivative action because the shareholder is stepping into the shoes of the corporation, sticking up for its interests when its own leaders fail to do so.

Shareholder derivative lawsuits allege that a director or officer has engaged in such mismanagement, fraud or some other wrongful act or has failed in discharging their fiduciary duties. The shareholder suit against fast food giant Wendy’s, for example, alleges that directors breached their fiduciary duty by approving inadequate security practices that led to a massive data breach.

For a corporation to be sued derivatively:

  • The plaintiff must be shareholder when the alleged wrong occurred.
  • The shareholder must first make a demand on the corporation, insisting that it take the desired action.
  • If the shareholder doesn’t make a demand, he or she must convince the court that such a demand would be futile.
  • Assuming a demand is made, the board of directors may, in its business judgement, refuse to act on the demand.
  • It is then the plaintiff’s burden to explain why the refusal to act on the demand is anything but a valid use of business judgment.

The business judgment element is a critical part of a derivative lawsuit. There is a legal presumption that directors, when making a business decision, do so in good faith, with enough information and with the honest belief that they are acting in the company’s best interest. Kentucky case law holds that “if the requirements of the traditional business judgement rule are met, the board’s decision [to refuse the demand] will be respected by a reviewing court.”

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.

 

Real Estate Law: CDC to issue nationwide residential eviction moratorium this Friday through end of year

Author By Christopher P. FinneyPosted on

Tonight, the Centers for Disease Control issued this proposed Order  that will prohibit most residential evictions nationwide. The Order is scheduled to take effect on September 4, 2020, this Friday, and last through the end of the year. 

Previous rulings by the federal government limiting evictions were limited to projects financed with special HUD loans, which were few and very large projects. In contrast, this ruling applies to almost all residential tenants in all States and US Territories (except American Samoa) with the following exceptions:

  1. Engaging in criminal activity while on the premises;
  2. Threatening the health or safety of other residents;
  3. Damaging or posing an immediate and significant risk of damage to property;
  4. Violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or
  5. Violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest).

The Order also will not apply to residents who earn more than $99,000 individually or $198,000 if filing jointly.

In order to qualify for the protection, the resident must sign a CDC-prescribed form that says:

  • The individual has used best efforts to obtain government assistance for the payment of rent.
  • The individual falls below the above-income thresholds.
  • The individual can’t pay rent due to loss of income or medical expenses.
  • The individual is using best efforts to pay the rent or as much of it as he can.
  • Eviction would render the individual homeless.

The Finney Law Firm sees this as a significant shift in the balance between landlords and tenants in fulfilling leasehold obligations through year’s end. It will cause economic hardship for many landlords, and could force many projects into default.

Contact Chris Finney (513-943-6655) for more details and to learn how we can help.

 

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