Today, Finney Law Firm attorneys, along with Maurice Thompson of the 1851 Center for Constitutional Law, filed suit in Warren County Common Pleas Court against Ohio Director of Health Dr. Amy Acton to reopen Kings Island amusement park.

This is the seventh in a series of cases filed by Finney Law Firm to re-open businesses in Ohio.

Here and below is the Complaint.

Here is the Fox19 story on this case by Jennifer Edwards Baker.

Here is the Enquirer story on this case by Hannah K. Sparling.

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Faith is the Overcoming Victory! 1 John 5:4-5 - Therefore Now ...

Well, that didn’t take long.

On Monday, Finney Law Firm filed suit against Hamilton County’s Municipal Court Judges  at the Ohio Supreme Court to make them re-open eviction proceedings that had been shut down since March 15.

Just last week, presiding Judge Heather Russell had signed an order extending the eviction moratorium through July 1, and the Clerk was not scheduling new hearings until the end of July. In fact, the Clerk’s office was telling prospective plaintiffs that they had no idea when eviction court would re-open.

As is reported here, Hamilton County was the second-to-last of Ohio’s 88 counties to re-open eviction court.

On Wednesday, the Judges met and, possibly motivated by our law suit, voted to re-open eviction proceedings  essentially immediately, Monday, June 8. We’ll consider that a victory for our client!

We also want to thank the Cincinnati Real Estate Investors’ Association (CREIA) and the Ohio Real Estate Investors’ Association (OREIA)  for their initiation and funding of the suit!

Finally, our co-counsel, Curt Hartman led the legal team on this quick and successful battle.

Jennifer Edwards Baker of Fox 19 has the story here.

Dan Horn of the Enquirer has the story here.

Hamilton County Court House

The COVID-19 crisis has created a series of delays in civil and criminal cases.  One of those casualties has been residential evictions in Hamilton County.

The problem

No evictions hearings have been held since March 15, and the earliest they are scheduling new hearings at present is July 28. This means not only that landlords can’t clear their properties of tenants who won’t pay rent, but also that tenants who deal drugs, damage property — or even worse criminal behavior — can stay in possession now for more than five months before the landlord can have a hearing to restore possession of the property to him.

Suing the Judges

Finney Law Firm has initiated a relatively unused action — for a Writ of Procedendo — to force the Hamilton County Municipal Court Judges to proceed with forcible entry and detainer actions. The Complaint, captioned State Ex rel. Salvador Properties v. Judge Heather Russell is here.

Other counties

Below is what our research has shown other counties currently are doing (note “per normal” noted below means you can timely get a decision in an eviction case; there may be modified procedures and hours to accommodate the crisis):

  • Butler County: Holding hearings per normal;
  • Warren County: Holding hearings per normal;
  • Clermont County: Holding hearings per normal;
  • Franklin County (Columbus): Holding hearings per normal;
  • Montgomery County (Dayton): Holding hearings per normal;
  • Summit County (Akron and all Municipal Courts): Holding hearings per normal;
  • Lucas County (Toledo): Holding hearings per normal;
  • Mahoning County (Youngstown): No hearings being scheduled; and
  • Cuyahoga County (Cleveland and all Municipal Courts): Cleveland and Cleveland Heights are holding hearings after 6/15/20 and 6/17/20, respectively, and other Municipal Courts (Shaker Heights and Berea) are holding hearings per normal.

So, of surrounding counties and Ohio’s major urban counties, only Mahoning (Youngstown) and two of four Municipal Courts in Cuyahoga County are further delaying eviction hearings for COVID-19 issues. Other than Youngstown with no hearings being scheduled at all, Hamilton County presently is the worst in the State for scheduling eviction hearings.

Conclusion

This suit is one in a series of actions initiated by Finney Law Firm to re-open Ohio business and Courts that have been closed under the COVID-19 crisis. For more information, contact Chris Finney (513.943.6655).

 

 

 

Jane Schulte, Small Business Solutions Group

 

 

We all know that body language sometimes speaks more clearly about what we are thinking than our actual words.  We know that crossing our arms while speaking (or listening) communicates that we may be closed off; rolling our eyes makes a statement that we don’t agree with what is being said; looking away may mean we are distracted or bored; and, avoiding eye contact when speaking may mean that we are not being forthright.

But there is also email body language which is the message you are conveying with the written word that may tell the recipient things about you or what you are thinking that you do not intend.

When dealing with people, remember you are not dealing with creatures of logic, but creatures of emotion. ~Dale Carnegie

Have you ever been the recipient of an email that leaves you scratching your head as to the intention behind the words? A lack of response which feels like you are being intentionally ignored? Or an email that was very short which felt as if the sender was being curt? We all have, and in defense of the sender, 99% of the time, they are well meaning and there are other reasons are behind the communication. Rushed for time, lack of proofreading or not responding because they do not have an answer (yet).

For Example

You receive an email from a client asking you a question to which you do not know the answer.  You forward the email to someone else in your office who does have the answer and assume they will get back to you within a reasonable time.  Meanwhile, the client waits for your response.  Your colleague gets busy and does not get back to you until a week later and you then answer your client.

What is the client left with?  The sense that you do not find them important or that you are too busy to handle their inquiry.  In other words, they picture you with your arms folded or visualize you as stressed out with no time to handle the details.  But that was not your intention at all!

How do we avoid this?  When someone emails you with a question you cannot answer, reply immediately that you will need some time to obtain the answer which tells them 1) you received their email; and 2) you are on it! Blind copy yourself and then drag and drop the email into your Outlook ™ tasks or calendar for the next day so you can follow up in a timely manner.

Diligent follow up and follow through will set you apart from the crowd and communicates excellence. ~John Maxwell

Draft like you are writing a letter

Draft as the author and proofread as the recipient. An email should be drafted like a letter in that it should have a greeting and closing (i.e. Good morning/afternoon with the person’s name and a thank you or have a good day at the end).  The body of your email should convey your message concisely so that no two minds can differ on what is being said or asked.  If you draft the email with the reader in mind, you can avoid multiple clarifying exchanges, saving time and of course, showing your attention to detail and professionalism.

The worst distance between two people is misunderstanding. ~Anonymous

Also, it is a good idea to:

  • Insert a meaningful subject line so the recipient knows the nature of your email
  • Proofread and do not rely on spell check
  • Attach the attachment before you draft the email, so you do not forget at the end
  • Insert the recipient’s email address at the end to avoid accidently sending the email before it is complete

At the end of the day, we are all human

Your email body language may leave someone wondering if you are a kind and caring person ready to assist them or an unfriendly and burdened individual that they are bothering.  Since we are all human beings dealing with other human beings, kindness always wins the day.  The more words you can use in your email that reflect kindness and clear information, will not only put you in a favorable light, but also make people feel welcome and that they made the right choice by doing business with you.

Take a few extra minutes to put warm touches on your email to brighten someone else’s day.  When you have clear, positive, and warm engagements in email, others will remember that and may even adopt some of your style so they can pass it on.

Use self-awareness, along with a critical inward lens, when drafting emails. Effective communication is at the heart of every good relationship both inside and outside of your business.

To learn more about effective communication and other Work Smart tools, contact Jane Schulte, 513.797.2855.

 

Attorney Susan Cress Browning

The Coronavirus Aid Relief and Economic Security Act (CARES Act) was enacted on March 27, 2020 in response to the dramatic impact COVID-19 has had on the economy.  In particular, there are several provisions that provide relief for current and future consumer and business bankruptcy debtors.

Stimulus payments are not “income”

The first of these provisions provides that economic impact payments provided to debtors from the government due to COVID-19 is not to be considered income for the purposes of calculating current monthly income or for calculating disposable monthly income for a chapter 13.  These funds will not cause you to be disqualified from Chapter 7 or increase your payback in a Chapter 13.  The practical reason for this is that these are funds that will not be received on a regular basis and therefore should not be considered as regular income for the debtor.

Chapter 13 plans may be modified to extended

Additionally, if you are in a Chapter 13 case that was confirmed prior to enactment of the CARES Act, you may file a motion to modify your bankruptcy plan to extend your plan up to seven years from the date of confirmation.  The debtor must be able to show a “material financial hardship” due to the COVID-19 crisis.  The concern with this provision is, what aid is available for the debtor who has filed but has yet to have their case confirmed?  They are certainly not immune from the financial crisis that has befallen our community.   It is possible that lawmakers will take up this issue, recognizing this limitation will impact many chapter 13 debtors.

New Small Business Reorganization Act

For those businesses who have struggled during this crisis, the CARES Act sought to boost the benefits afforded by the recently enacted Small Business Reorganization Act (SBRA).  The Act increases the debt limits created by the SBRA from $2.725 million to $7.5 million.  This will be a significant boon to those businesses that were previously unable to benefit from the SBRA provisions and have now been affected by the COVID-19 downturn in the economy.

The benefits of the CARES Act will only be available, per the Sunset provision of the Cares Act, for one year from enactment.  The concern is that this pandemic will have lasting effects that extend well beyond this timeframe and one year will not be long enough to provide a meaningful benefit to bankruptcy debtors.

Health and Economic Recovery Omnibus Emergency Solutions Act

In further efforts to restore our nation’s economic balance, the House passed legislation called the HEROES Act (Health and Economic Recovery Omnibus Emergency Solutions Act).  The goal of this law is to prevent discrimination against bankruptcy debtors who request hardship assistance from creditors, increase debt limits for Chapter 13, and allow debtors additional time to catch up mortgage arrearages in Chapter 13.  This legislation is expected to stall in the Senate.

Conclusion

We will update this once new information becomes available.

Call Finney Law Firm to set a convenient consultation with Susan Browning, 513-797.2857. We now also offer telephone and virtual FREE CONSULTATIONS.

 

 

Attorney Christopher P. Finney

Finney Law Firm is proud to announce that Christopher P. Finney has recently become AV Preeminent Rated by Martindale-Hubbell. Martindale-Hubbell’s AV rating is the highest level of professional excellence at which a lawyer can be ranked in ability and ethics, and we are thrilled that Chris has achieved this honor.

The Martindale-Hubbell Peer Review Ratings System is based on the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell representatives conduct personal interviews with other members of the Bar to discuss lawyers under review. A consensus from fifteen judges and practicing attorneys is necessary to produce a rating. In addition, confidential questionnaires are sent to lawyers and judges in the same geographic location and/or area of practice as the lawyer being rated. Members of the Bar are instructed to assess their colleague’s legal ability and general ethical standards. Lawyers’ ratings serve as an objective indicator of a firm’s ethical standards and professional ability.

I am pleased to have reached this gold standard by this distinguished organization who has recognized lawyers for their high ethical standards and legal abilities for over a century. In an environmental where the market for legal services is highly competitive, the AV Preeminent Rating is a vital tool for prospective clients to evaluate a lawyer before engaging them for legal services.

~Chris Finney

The law firm itself received this rating back in March which provides the assurance that those needing legal services in the areas of Commercial and Residential Real Estate, Corporate Transactional, Business & Commercial Litigation, Labor & Employment Law, Small Business Solutions, Estate Planning & Administration, Public Interest Law, Bankruptcy, Personal Injury and Property Tax Valuation will receive a superior level of professional experience.

You can reach Chris Finney at 513.943.6655.

Finney Law Firm, attorney Curt C. Hartman and the 1851 Center for Constitutional Law won a great victory for Ohio citizens today when Judge Eugene Lucci of Lake County Common Pleas Court ruled unconstitutional the broad rule-making by Governor Mike DeWine and Dr. Amy Acton (Director of Ohio Department of Health) that has shut down Ohio businesses and locked people in their own homes.

The specific ruling today addressed re-opening Ohio gyms and fitness facilities, but the reasoning in the decision broadly finds all of Dr. Acton’s orders are unconstitutional. Read about that here.

Here is a wrap of today’s media coverage of this landmark decision:

I want to recognize the outstanding legal strategizing and implementation of Maurice Thompson of the 1851 Center for Constitutional Law, Curt Hartman, and Julie Gugino and Rebecca L. Simpson of this firm in this case. They did simply outstanding work on a series of cases holding Dr. Acton’s feet to the fire as to her authority (or lack thereof) to shut down businesses and incarcerate residents throughout Ohio during the COVID-19 crisis.

These attorneys have caught the vision of the Finney Law Firm to use our law licenses to “Make a Difference” for our clients and community with our legal work.

Attorney Matthew S. Okiishi

Today, Finney Law Firm attorney Matt Okiishi participated in a panel discussion for the public sponsored by the Cincinnati Bar Association on employment law issues presented by the COVID-19 crisis.

That discussion is now on line. You may watch it here.

Matt Okiishi devotes his practice to the employment law arena, representing both employers and employees in disputes, which include wage and hour issues, Family and Medical Leave Act issues, and illegal discrimination based upon age, race, gender, handicap, national origin, and other protected classifications. He has written extensively on COVID-19-related employment legislation on this blog.

Please contact Matt (513.943-6659) for help with your employment law issues.