News and Analysis
OMA Amicus Activity Results in Supreme Court of Ohio Win
January 12, 2018On January 4, 2018, the Supreme Court of Ohio in Lucarell v. Nationwide Mut. Ins. Co. reaffirmed that punitive damages are not recoverable in breach of contract cases. If a breach of contract involves conduct that also constitutes a tort, punitive damages can only be awarded for the tort, not for the breach of contract, and are subject to statutory limitations.
On April 18, 2016, the OMA together with other business groups, filed a memorandum in support of jurisdiction, asking the court to accept the appeal being pursued by Nationwide Mutual Insurance Company. The OMA and its allies also filed an amicus brief supporting Nationwide.
The two propositions of law of interest to the OMA are: (1) An award of punitive damages is not available for breach of contract and is instead limited to independent claims based on tort; and (2) Prevention of performance is not an available defense to a fully executed release absent some other nonperformance-related contract defense that would make the release unenforceable.
This ruling is an important victory for Ohio’s manufacturers. 1/11/2018
Ohio Governor Race Update
January 12, 2018U.S. Rep. Jim Renacci (R-Wadsworth) announced this week he will leave the governor’s race and instead run for the seat currently held by U.S. Sen. Sherrod Brown (D-OH).
That thins the Republican Ohio gubernatorial field to Attorney General Mike DeWine with running mate Secretary of State Jon Husted and Lt. Governor Mary Taylor with her running mate, Nathan Estruth, a Cincinnati-area businessman.
The big field of Democratic hopefuls includes Richard Cordray, former Director of the Consumer Financial Protection Bureau and former Ohio Attorney General; Dennis Kucinich, former U.S. Representative and presidential candidate in 2004 and 2008; Bill O’Neill, Justice of the Ohio Supreme Court and nominee for OH-14 in 2008 and 2010; Connie Pillich, former state representative and nominee for Ohio State Treasurer in 2014; Joe Schiavoni, state senator and former Minority Leader of the Ohio Senate; and Nan Whaley, Mayor of Dayton, although she is expected to withdraw to lend support to Richard Cordray. 1/11/2018
81st and 87th House District Seats to be Filled
January 12, 2018According to Gongwer News Service, House Republican screening panels are recommending candidates to the full chamber to fill two open seats.
The full caucus is expected to approve Jim Hoops, who served in the House from 1999-2006, to represent the 81st District, which was left open when Sen. Rob McColley (R-Napoleon) was appointed to the Senate.
Riordan McClain, son of former Rep. Jeff McClain, is favored to replace Wes Goodman in the 87th District in the seat previously held by his father.
Mr. Hoops, of Napoleon, is currently associate vice president for Strategic Initiatives at Northwest State Community College. He also previously served as Henry County auditor.
Mr. McClain, of Upper Sandusky, is director of Finance and Customer Service at Doc Investments LLC. He holds degrees from Bluffton University and the University of Findlay.
The two new lawmakers are expected to be sworn in during the House’s next voting session on Wednesday, Jan. 17. 1/11/2017
Participate in Manufacturing Reshoring Study
January 5, 2018OMA Connections Partner, Plante Moran, and the Reshoring Initiative invite participation in the U.S. Manufacturing Reshoring Study. Responses will help identify what prevents manufacturers from reshoring and what U.S. policy changes would motivate reshoring.
Manufacturers and distributors can complete the survey here. Survey findings will be shared with the Trump Administration, Congress, and survey respondents. The survey takes approximately 15 minutes to complete and will close at 8:00 p.m. EDT on Tuesday, Feb. 20. 1/4/2018