Supreme Court of Ohio - Case Number 2011-0019

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Search Results: Case Number 2011-0019

The Supreme Court of Ohio

CASE INFORMATION

GENERAL INFORMATION

Case: 2011-0019 Discretionary Appeal (Non-felony); Claimed Appeal of Right
Filed: 01/03/11

Status:

Case Is Disposed

Alvin D. Jackson [Theodore E. Wymsylo], M.D., Ohio Department of Health v. Bartec, Inc., et al., Richard Cordray [Mike DeWine], Ohio Attorney General

PARTIES and ATTORNEYS

Buckeye Liquor Permit Holders Association (Amicus Curiae on behalf of Appellant)

	Represented by:
		Kahler, Tyler (85932) , Counsel of Record

Coalition Opposed to Additional Spending & Taxes (Amicus Curiae on behalf of Appellant)

	Represented by:
		Hartman, Curt (64242) , Counsel of Record Finney, Christopher (38998)

Marlow, Michael L. (Amicus Curiae on behalf of Appellant)

	Represented by:
		Kahler, Tyler (85932) , Counsel of Record

Ohio Freedom Alliance (Amicus Curiae on behalf of Appellant)

	Represented by:
		Hartman, Curt (64242) , Counsel of Record Finney, Christopher (38998)

Ohio Liberty Council (Amicus Curiae on behalf of Appellant)

	Represented by:
		Hartman, Curt (64242) , Counsel of Record Finney, Christopher (38998)

Ohio Licensed Beverage Association (Amicus Curiae on behalf of Appellant)

	Represented by:
		Kahler, Tyler (85932) , Counsel of Record

Academy of Medicine of Cleveland & Northern Ohio (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

American Cancer Society Cancer Action Network (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

American Cancer Society, East Central Division (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

American Heart Association, Great Rivers Affiliate (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

American Lung Association of the Midland States (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

American Medical Association (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

Americans for Nonsmokers' Rights (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

Association of Ohio Health Commissioners, Inc. (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

Campaign for Tobacco-Free Kids (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

Cleveland Clinic (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

Franklin County District Board of Health (Amicus Curiae on behalf of Appellee)

	Represented by:
		Boyd, Tracie (70016) , Counsel of Record O'Brien, Ronald (17245)

Ohio Asthma Coalition (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

Ohio Chapter of the American College of Cardiology (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

Ohio Osteopathic Association (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

Ohio State Medical Association (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

Tobacco Control Legal Consortium (Amicus Curiae on behalf of Appellee)

	Represented by:
		McTigue, Donald (22849) , Counsel of Record Colombo, John (72398) McGinnis, Mark (76275)

Allen, Richard M. (Appellant)

	Represented by:
		Thompson, Maurice (78548) , Counsel of Record Cicero, Lori (79508)

Bartec, Inc. (Appellant)

	Represented by:
		Thompson, Maurice (78548) , Counsel of Record Cicero, Lori (79508)

DeWine, Mike (Appellee)

	Represented by:
		Schimmer, Alexandra (75732) , Counsel of Record Hannan, Stacy (81094) Long, Elisabeth (84128) Moormann, Robert (83773) Sullivan, Angela (75070)

Wymsylo, Theodore E. (Appellee)

	Represented by:
		Schimmer, Alexandra (75732) , Counsel of Record DeWine, Richard (9181) Hannan, Stacy (81094) Long, Elisabeth (84128) Moormann, Robert (83773) Sullivan, Angela (75070)

PRIOR JURISDICTION

Jurisdiction Information	Prior Decision Date	Case Number(s)
Franklin County, 10th District Court of Appeals	11/16/2010	10AP173

DOCKET ITEMS

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Date Filed

Description

01/03/11

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Notice of appeal of Bartec, Inc. and Richard M. Allen

	Filed by:	Allen, Richard
	Filed by:	Bartec, Inc.

01/03/11

View

Memorandum in support of jurisdiction

	Filed by:	Allen, Richard
	Filed by:	Bartec, Inc.

01/03/11

View

Jurisdictional memorandum of amici curiae Ohio Liberty Council, Ohio Freedom Alliance, and Coalition Opposed to Additional Spending & Taxes in support of appellants

	Filed by:	Coalition Opposed to Additional Spending & Taxes
	Filed by:	Ohio Freedom Alliance
	Filed by:	Ohio Liberty Council

01/03/11

View

Jurisdictional memorandum of amici curiae Ohio Licensed Beverage Association and Buckeye Liquor Permit Holders Association in support of appellants

	Filed by:	Buckeye Liquor Permit Holders Association
	Filed by:	Ohio Licensed Beverage Association

01/04/11

Copy of notice of appeal sent to clerk of court of appeals

02/01/11

View

Memorandum in response of Alvin D. Jackson

Filed by:

Wymsylo, Theodore

04/06/11

View

DECISION: Appeal accepted

04/06/11

View

Order to clerk of court/custodian to certify record

04/28/11

Record

04/28/11

Clerk's notice of filing of record

05/06/11

View

Stipulation to extension of time to file merit brief to 6/27/11

	Filed by:	Allen, Richard
	Filed by:	Bartec, Inc.

06/27/11

View

Brief of amici curiae Ohio Licensed Beverage Association, Buckeye Liquor Permit Holders Association, and Dr. Michael L. Marlow in support of appellants

	Filed by:	Buckeye Liquor Permit Holders Association
	Filed by:	Marlow, Michael
	Filed by:	Ohio Licensed Beverage Association

06/27/11

View

Brief of amici curiae Ohio Liberty Council, Ohio Freedom Alliance, and Coalition Opposed to Additional Spending & Taxes in support of appellants

	Filed by:	Coalition Opposed to Additional Spending & Taxes
	Filed by:	Ohio Freedom Alliance
	Filed by:	Ohio Liberty Council

06/27/11

View

Appellants' merit brief

	Filed by:	Allen, Richard
	Filed by:	Bartec, Inc.

07/08/11

View

Notice of appearance of Alexandra T. Schimmer and Elisabeth Long

Filed by:

Wymsylo, Theodore

07/08/11

See Above

And designation of Alexandra T. Schimmer as counsel of record

Filed by:

Wymsylo, Theodore

07/08/11

View

Stipulation to extension of time to 8/16/11 to file merit brief

Filed by:

Wymsylo, Theodore

08/16/11

View

Brief of amicus curiae Franklin County District Board of Health in support of appellee

Filed by:

Franklin County District Board of Health

08/16/11

View

Appellees' merit brief of Theodore E. Wymslo, M.D. and Michael DeWine, Ohio Attorney General

	Filed by:	DeWine, Mike
	Filed by:	Wymsylo, Theodore

08/16/11

View

Brief of amici curiae American Cancer Society, et al. in support of appellee

	Filed by:	Academy of Medicine of Cleveland & Northern Ohio
	Filed by:	American Cancer Society Cancer Action Network
	Filed by:	American Cancer Society, East Central Division
	Filed by:	American Heart Association, Great Rivers Affiliate
	Filed by:	American Lung Association of the Midland States
	Filed by:	American Medical Association
	Filed by:	Americans for Nonsmokers' Rights
	Filed by:	Association of Ohio Health Commissioners, Inc.
	Filed by:	Campaign for Tobacco-Free Kids
	Filed by:	Cleveland Clinic
	Filed by:	Ohio Asthma Coalition
	Filed by:	Ohio Chapter of the American College of Cardiology
	Filed by:	Ohio Osteopathic Association
	Filed by:	Ohio State Medical Association
	Filed by:	Tobacco Control Legal Consortium

08/25/11

Oral argument scheduled for Wednesday, October 19, 2011; Highland County Off-Site Court Session

08/31/11

View

Notice of oral argument to be held Wednesday, October 19, 2011; Highland County Off-Site Court Session

09/06/11

View

Reply brief

	Filed by:	Allen, Richard
	Filed by:	Bartec, Inc.

09/13/11

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Motion to extend time for oral argument

	Filed by:	Allen, Richard
	Filed by:	Bartec, Inc.

View

09/28/11: Denied

09/27/11

View

Notice of appearance of Lori R. Cicero as co-counsel for appellants

	Filed by:	Allen, Richard
	Filed by:	Bartec, Inc.

10/19/11

Oral argument held

05/23/12

View

DECISION: Affirmed. See opinion at 2012-Ohio-2187.

06/04/12

View

Motion for reconsideration

	Filed by:	Allen, Richard
	Filed by:	Bartec, Inc.

View

07/25/12: Denied

07/25/12

Certified copy of judgment entry/mandate sent to clerk

08/20/12

Return of record to clerk of court/custodian

08/20/12

Return receipt