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DannLaw seeks immediate Order to block Browns stadium funding scheme as class action suit against Haslam giveaway is litigated

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In a class action lawsuit filed on October 2, 2025. DannLaw attorneys asked the Federal District Court for the Southern District of Ohio to declare that the proposed scheme to utilize $600,000,000 from the state’s Unclaimed Funds Trust Fund (UFTF) to construct a new privately owned stadium for the billionaire owners of the Cleveland Browns violates both the U.S. and Ohio Constitutions.

Today, the legal team, which now includes the Palmer Law Group, asked Judge Algernon L. Marbley who is presiding over the case to issue a temporary restraining order and/or a preliminary injunction that will stop the giveaway to the Haslam family as the class action suit is litigated. Both the class action suit and the motion were filed on behalf of people whose money is currently held in trust by the UFTF. Defendants named in the suit and motion are Ohio Director of Commerce Sheryl Maxfield, Akil Hardy, Superintendent of the Division of Unclaimed Funds, state Treasurer Robert Sprague, and Joy Bledsoe, Executive Director of the Ohio Facilities Construction Commission.

In their motion, the attorneys argue a TRO/injunction is warranted because the plaintiffs will suffer irreparable harm if their property is seized without notice, due process, or compensation as the case wends its way through the judicial system. They also reiterate that the plan to use public funds to subsidize construction of the proposed Browns stadium runs afoul of the Due Process Clause of the 14th Amendment, the Takings Clause of the Fifth Amendment, Article I, Section 19 of the Ohio Constitution, and breaches the state’s fiduciary duty to safeguard unclaimed funds and reunite them with their owners.

In support of the motion for a TRO the attorneys submitted a declaration from Information Technology expert Jan Peters who says Ohio’s unclaimed funds website makes it difficult in not impossible for people to locate their unclaimed property. Her declaration directly refutes the state’s contention that people can easily trace and obtain funds held in the UFTF.

“This is one of the most blatantly unconstitutional takings we have seen,” former State Representative Jeffrey A. Crossman, one of the attorneys for the plaintiffs commented. “Ohio has no right to pilfer people’s property and use it to build a playground for a billionaire.  We are asking the Court to take a prudent, reasonable, and just step to protect the potential victims of this scheme before they are harmed.”

“Ohio has a legal and moral obligation to safeguard these funds,” former Ohio Attorney General and DannLaw founder Marc E. Dann said. “Instead, the majority in the legislature and the governor have decided to loot them and funnel hundreds of millions of dollars to their wealthy campaign contributors who just happen to be among the richest people in the United States. This is a textbook example of the corrupt pay-to-play culture that has perverted state government for far too long.  Our goal is to stop them, derail this unconscionable scheme and protect people’s property.”

DannLaw filed a similar against the funding scheme in Franklin County Common Pleas Court in July of this year but decided to dismiss it and refile the action in Federal Court. “We believe the federal court will be more objective and less political as they analyze these serous and obvious violations of the Ohio and US constitutions,” Dann explained.

The case is Bleick et al. v. Maxfield et al., Case No. 2:25-cv-01140

View and download the motion for TRO/restraining order here.

View and download Jan Peters’ declaration here.

View and download the class action suit filed in Federal Court here.

For more information please contact:

Jeffrey A. Crossman – DannLaw
[email protected] | (216) 373-0539

Marc E. Dann – DannLaw
[email protected] | (216) 373-0539

The DannLaw Firm received the Time Well Spent Honor Society Award.

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We’re incredibly honored to be recognized by the Time Well Spent Honor Society for contributing over 500 cumulative hours in our pro bono service journey!

This honor reflects our commitment that goes beyond our business—one rooted in purpose, responsibility, and the belief that our work can be a force for the underdog.

We have a strong and diverse team ready to support those who need it most, and we are endlessly grateful to every member who made this milestone possible.

Time Well Spent Honor Society Award. Over 500 hours of pro bono service, cases
Time Well Spent Honor Society Award. Over 500 hours of pro bono service, cases.

Public Defenders File Class Action Lawsuit Against Montgomery County for Equal Pay and Resources

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A group of current and former employees of the Montgomery County Office of the Public Defender have filed a class action lawsuit in the United States District Court for the Southern District of Ohio, seeking to address longstanding disparities in compensation and resources between public defenders and prosecutors in Montgomery County. The lawsuit, brought by Michael Dailey, William Ehrstine, Susan Souther, Travis Dunnington, Paul Nerone, Cynthia Packet, and Debra Burs on behalf of all similarly situated employees, names Montgomery County and the Montgomery County Public Defender Commission as defendants.

The complaint alleges that Montgomery County and its Public Defender Commission have systematically failed to provide public defenders with salaries, benefits, and resources that are substantially equivalent to those provided to prosecutors, as required by Ohio law and the United States and Ohio Constitutions. The plaintiffs assert that this disparity violates their rights to equal protection and due process, as well as the constitutional guarantee of effective assistance of counsel for indigent defendants.

According to the complaint, Ohio Administrative Code Section 120-1-06 mandates that public defender attorneys’ salaries “shall approximate and be in parity with the compensation received by prosecutors with comparable years in practice and experience.” The lawsuit details significant gaps in pay and bonuses between the two offices, with prosecutors receiving far greater compensation and additional year-end bonuses, while public defenders are left behind.

The plaintiffs seek damages, back pay, and injunctive relief to compel Montgomery County to comply with its legal obligations and ensure parity in pay and resources between public defenders and prosecutors. The complaint also requests a writ of mandamus requiring the County to take all necessary actions to bring the Public Defender’s Office into compliance with state law and constitutional mandates.

“This lawsuit is about fairness, equality, and the right of every person—regardless of income—to have access to effective legal representation,” said Nicole M. Lundrigan, attorney for the plaintiffs. “Montgomery County’s failure to provide public defenders with equal pay and resources not only harms dedicated public servants but also undermines the constitutional rights of the people they serve.”

“We intend to vindicate the constitutional rights of both criminal defendants in Montgomery County and the lawyers and support staff represent them” added Marc Dann of co-counsel Dann Law

The class action seeks to represent all past and present employees of the Montgomery County Office of the Public Defender from 2015 to the present.

DannLaw files suit to Block State’s Plan to Confiscate and use Ohioans’ Unclaimed Funds to Subsidize Privately Owned Browns Stadium

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DannLaw filed a class action lawsuit in Franklin County Common Pleas Court on Monday, July 7, 2025 seeking an injunction to stop the State of Ohio from confiscating more than $1,000,000,000 from the state’s Unclaimed Funds Account (UFA) and using the money to underwrite a proposed new stadium for the Cleveland Browns as well as other privately owned sports facilities. A scheme mandating the seizure and diversion of UFA funds was included in the recently enacted state budget.

The lawsuit, filed on behalf of three named Ohio residents and a class that includes “All individuals and entities whose funds are being held in the Ohio Unclaimed Funds Trust Fund as of June 30, 2025” alleges that the seizure of unclaimed funds held in trust for Ohioans violates multiple provisions of the U.S. and Ohio Constitutions, including the Takings Clause, due process protections, and Ohio’s strong constitutional guarantee that private property “shall ever be held inviolate.”

“The State of Ohio intends to steal over a billion dollars in private property from its citizens and pour it into the pockets of Jimmy Haslam, one of America’s richest men,” Jeffrey A. Crossman, lead counsel and former Ohio legislator said. “Everyday Ohioans are rightfully outraged by this blatant abuse of power. The government can’t just take someone’s property and give it to someone else.  This type of outrageous behavior ignited the American revolution 250 years ago. Unfortunately, the majority in the General Assembly and the governor are ignoring the lesson King George learned at Bunker Hill.”

According to former Ohio Attorney General Marc Dann, numerous Ohioans and nationally renowned Constitutional scholars have contacted him since the DannLaw legal team announced on June 25 that they would file suit if the proposed looting of the UFA became law.  “Their message has been loud and clear: what the State is doing isn’t just wrong—it violates the very reason we have constitutions and laws,” Dann said.

“The provisions of Ohio’s Constitution that protect private property from being taken for private use are not a suggestion, they are a command,” Dann continued. The legislature and governor have no authority to convert Ohioan’s private property into a slush fund that can be used to subsidize a billionaire campaign contributor’s private football stadium. We’re filing this case because the rule of law is the foundation of our democracy and because no one, no matter how wealthy or politically connected they may be, can be allowed to blithely ignore the Constitution.”

Dann also noted that even Republican Ohio Attorney General Dave Yost opposes the UFS scheme and urged Governor Mike DeWine to line item veto the proposal: “I oppose not only this funding mechanism but also its intent: billionaires should finance their own stadiums – full stop. Ohio taxpayers cannot be left on the side lines while the wealthiest score with public money.”

The lawsuit seeks declaratory and injunctive relief to block the State from enforcing the new law, prevent the reallocation of unclaimed funds, and compel the State to notify all affected property owners.

A copy of the complaint and exhibits may be viewed and downloaded here: Skierski Al 2025 07 07 Browns Stadium Complaint FINAL

Court Orders Ohio to Reinstate Federal Pandemic Unemployment Compensation (FPUC) Program, Securing Potentially $900 Million in Benefits for Eligible Ohioans

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Columbus, Ohio — In a landmark decision issued Tuesday, June 30, 2025, the Tenth District Court of Appeals of Ohio has affirmed a lower court’s order requiring Governor Mike DeWine and the Ohio Department of Job and Family Services (ODJFS) to take all necessary actions to reinstate Ohio’s participation in the Federal Pandemic Unemployment Compensation (FPUC) program.  The ruling could result in the distribution of up to $900 million in additional unemployment benefits to eligible Ohioans who were denied payments after the state’s early withdrawal from the program in 2021. You may read and download the decision here: Bowling COA decision

The case, State ex rel.  Candy Bowling et al.  v. Michael DeWine, Governor of Ohio, et al., centered on Governor DeWine’s decision to terminate Ohio’s participation in the federally funded FPUC program, which provided supplemental unemployment benefits to workers impacted by the COVID-19 pandemic.  Plaintiffs, representing a class of affected Ohioans, argued that the Governor’s action violated Ohio law, specifically R.C.  4141.43(I), which requires the state to cooperate with the federal government to secure all available advantages under federal unemployment programs.

The Franklin County Court of Common Pleas previously ruled in favor of the plaintiffs, ordering the state to rescind its early termination of the FPUC program and to seek retroactive benefits for the period from June 26 to September 6, 2021.  Governor DeWine appealed, arguing that the case was moot and that Ohio law did not require the state to accept federal pandemic funds.

In today’s decision, the Court of Appeals rejected both arguments, holding:

  • The case is not moot because it remains possible for Ohio to retroactively reinstate its participation in the FPUC program and obtain federal funds for eligible claimants. The U.S. Department of Labor has confirmed its willingness to consider such a request, even after the program’s expiration, particularly in response to a court order.
  • The law of the case, as established in a prior appellate decision (Bowling I), requires the Governor to secure all available federal unemployment benefits for Ohioans, including those provided under the CARES Act and FPUC program.
  • The Supreme Court of Ohio’s prior dismissal of an interlocutory appeal as moot did not resolve the underlying claims for relief, nor did it preclude the trial court or appellate court from addressing the merits of the case.

The Court of Appeals concluded: “For the foregoing reasons, we overrule Governor DeWine’s two assignments of error, and we affirm the judgment of the Franklin County Court of Common Pleas.  … We remand this matter to the trial court for execution.”

What This Means for Ohioans

The decision paves the way for the state to seek and distribute retroactive FPUC benefits to eligible Ohioans who were denied payments after June 26, 2021. The court’s ruling underscores the state’s legal obligation to secure all available federal unemployment benefits for its citizens.

Statement from Plaintiffs’ Counsel Marc Dann

“We are gratified that the Court has affirmed the rights of Ohio workers and families who were unjustly denied critical pandemic relief,” said Marc E. Dann, lead counsel for the plaintiffs. “This decision is a victory for the rule of law and for the thousands of Ohioans who continue to struggle with the economic fallout of COVID-19.”

“This decision is especially important in light of the reductions in food assistance and other benefits that are reflected in the State Budget which the Governor will be signing today and the coming reductions in Medicaid including in the Big Beautiful Bill being debated today in the United States Senate.  Injecting up to $3000 into 300,000 working class households will temporarily take the sting out of those cuts.” added Dann

 Next Steps

The case will return to the Franklin County Court of Common Pleas for execution of the judgment.  Governor DeWine and ODJFS are now under court order to take all necessary steps to reinstate Ohio’s participation in the FPUC program for the relevant period and to obtain and distribute the benefits to eligible claimants.

Media Contact:
Marc E. Dann
DannLaw
330-651-3131
[email protected]

About the FPUC Program:

The Federal Pandemic Unemployment Compensation (FPUC) program was established under the CARES Act to provide supplemental unemployment benefits to workers affected by the COVID-19 pandemic. The program initially provided an extra $600 per week, later reduced to $300 per week, for eligible claimants.