Ohio court weighs greed vs. public right to know
Lawyer Blogs
A citizen activist says he was wronged by the failure of a small Ohio city to give him 20 years of 911 tapes he sought, which were long ago recorded over. The city says he can prove no harm and that he didn't even want the tapes — he wanted the thousands in penalty dollars for requesting records that no longer exist.
Attorneys for both sides argued Wednesday before the Ohio Supreme Court, disagreeing on whether Timothy Rhodes was "aggrieved" by the failure of the city of New Philadelphia to retain the thousands of daily tapes he requested in 2007.
If the court decides in his favor, Rhodes and plaintiffs in about half a dozen similar suits around Ohio could collect big — and, their lawyers say, they will also have scored a big victory for government transparency.
Rhodes' attorney Craig Conley argued it is wrong to paint his client as a money grubber, after Chief Justice Maureen O'Connor asked whether only one party could "cash in" under the law as he read it.
"First of all, I don't agree with ... 'cash in.' The case law is clear: This is not compensation to the requesting party, this is a penalty designed to punish and deter," he said. "And without it, the right of access without a remedy is a meaningless right."
New Philadelphia attorney John McLandrich argued a decision in Rhodes' favor would "set off a gold rush" of citizens seeking records they know are no longer available. He said a person doesn't need a pure motive for wanting to look at the records, but they have to have some kind of motive.
Related listings
-
Appeals court revives lawsuit over dirty TN inmate
Lawyer Blogs 04/20/2011A federal appeals court has revived a lawsuit that claims that an inmate at a privately run jail was denied mental health treatment and did not shower or leave his segregated cell for nine months.The U.S. 6th Circuit Court of Appeals said last week t...
-
Utah Supreme Court re-hears polygamy trust cases
Lawyer Blogs 04/13/2011The Utah Supreme Court on Tuesday wrestled with the issue of who has the final say over state law as part of a long-running battle for control of a communal land trust tied to Warren Jeffs' polygamous church.The question comes on the heels of a Febru...
-
Judge renews visits for former Aryan Nation lawyer
Lawyer Blogs 04/13/2011A federal judge has amended an order granting visitation rights between a former Aryan Nations lawyer and the wife he's accused of trying to have killed.U.S. District Judge B. Lynn Winmill approved the highly monitored visits between 65-year-old Edga...
Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.