State of Ohio Intervenes in Toledo Charter Amendment Case
On May 24, 2019, the State of Ohio filed a Complaint against the City of Toledo for Declaratory Relief and Injunctive Relief concerning the Toledo Charter Amendment which created the Lake Erie Bill of Rights. Drewes Farms Partnership v. City of Toledo, Case No. 3:19 CV 00434-57, N.D. Oh. Toledo voters passed the Charter Amendment on February 19, 2019 which created a myriad of unprecedented causes of action to pursue “polluters” of Lake Erie. This Charter Amendment was initially challenged by a local farmer, Drewes Farms Partnership.
The State is alleging that the Toledo Charter Amendment violates the Ohio Constitution Art. XVIII, §3 because the State has the authority to issue permits under state law which is adversely impacted by the Charter Amendment. Also, the State alleges that the Charter Amendment creates “rights” which conflicts with the State’s right to hold the waters of Lake Erie in trust for the public.
The State complaint also alleges that the Toledo Charter Amendment creates extra-territorial rights beyond the city limits and includes the right to regulate all sources of water pollution in Lake Erie. MD will continue to monitor this precedent-setting litigation.
MD Trial Team Earns Defense Verdict in Mesothelioma Case
On April 4, 2019, after a two-week trial, a Cleveland, OH jury delivered a defense verdict in favor of John Crane, Inc. in a living pleural mesothelioma lawsuit. The jury found that the John Crane asbestos containing products were not a substantial factor in causing Mr. Sivert’s mesothelioma. MD attorneys Stephen Daniels and Sandra Sommers represented John Crane and co-counsel support was provided by Claire Weglarz of Hawkins Parnell Young. Plaintiff was represented by the law firm of Dean, Omar & Branham, LLP. The Honorable Harry Hanna of Cuyahoga County, OH presided.
MD Recognized by Chambers USA
Chambers USA: America’s Leading Lawyers for Business (2019 Edition) recognized McMahon DeGulis LLP as a Band One firm in Natural Resources and Environmental law in Ohio.
Chambers USA distinguishes MD as a “highly regarded boutique with expertise covering the full range of environmental law” and notes that “peers say: ‘They’ve got a good reputation and clients like working with them.”
Partners Michael McMahon, Gregory DeGulis and Louis McMahon were also recognized for their individual representation of clients. David Nash was named a Senior Statesman. To see what the Chambers USA editorial team says about these accomplished attorneys, view the full rankings. Spoiler alert: an interviewee observed that Gregory DeGulis is “a great lawyer and a super guy.”
Full rankings are available at https://www.chambersandpartners.com/12876/520/editorial/5/1#org_78155