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Marc Dann urges Senate to stand up for victims of rape and sexual assault, testifies in favor of bill to eliminate the criminal and civil statutes of limitations

In the News

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I have dedicated my entire legal career to helping people who have been hurt, scammed, cheated, or victimized seek and secure justice. I’m proud to say I’ve done just that at my first small law firm, as an Ohio State Senator, Ohio Attorney General, and now as the founder of DannLaw. That’s why I seized the opportunity to urge the members of the Ohio Senate Judiciary Committee to first strengthen and then pass SB 162 which would eliminate the criminal and civil statutes of limitation for rape and sexual assault.

The changes called for in the bill are both much-needed and long overdue. I’m pleased to share my testimony with all of you and to urge you to contact your state legislators and ask them to support this important measure. You may also watch my presentation to the Committee on the Ohio Channel.

Good morning, Chairman Eklund, Ranking Member Thomas and members of the Committee. I am here today to express my support for Senate Bill 162 which would eliminate criminal and civil statutes of limitations for rape. I want to thank my State Senator Nikki Antonio and Senator O’Brien who represents the district I once held for continuing the work I and colleagues of both parties began in this very room in 2005. Passage of this much-needed and long-overdue legislation would represent a monumental step toward securing justice for victims and imposing justice upon those who have escaped punishment and evaded accountability for their monstrous acts simply because they have managed to run out the statutory clock.

I first learned about the terrible physical and psychological pain victims endure when I led the effort to pass Senate Bill 17 while serving as the Ranking Member of the Senate Civil Justice Committee. After listening to the harrowing and heart-wrenching testimony of women and men who had been sexually abused as children, both the Committee and the Senate unanimously passed the bill which included a provision that extended the civil SOL for sexual assault to 17 years.

Unfortunately, in one of the ugliest and most destructive displays of the negative impact big-money donors can exert in the state’s pervasive “pay-to-play” culture, the nation’s multi-billion-dollar insurance companies placed the pursuit of profits ahead of the interests of victims and succeeded in stripping the civil SOL extension from SB 17 when it reached the House.

I learned even more about the grave challenges victims of sexual assault endure while serving as Ohio’s attorney general. I, like everyone who has had the privilege of serving in that position, devoted much of my time to ensuring that law enforcement had the resources needed to pursue, prosecute, and incarcerate offenders. Although I’m proud of all that I, my staff, and the AGs who preceded and succeeded me have done to ensure that offenders are prosecuted and incarcerated, anyone who truly cares about victims knows we must do more than throw their rapists in jail. We must provide them with the opportunity to seek just compensation for the severe physical and psychological injuries most will suffer for as long as they live.

I applaud Senators Antonio and O’Brien and co-sponsors Craig, Fedor, Kunze, Lehner, Maharath, Sykes, Thomas, Williams, Yuko for opening the courthouse door that was slammed shut in the faces of thousands of victims in 2005.

But today, 14 years after SB 17 was eviscerated by the insurance industry, we need to do more than lift the civil SOL applicable to offenders. That’s because sexual predators like Larry Nassar, Jerry Sandusky, Richard Strauss, Jeffrey Epstein, abusive priests, and others are judgment-proof due to the fact that they are broke, dead, or both.

But institutions like the Catholic Church, U.S.A. Gymnastics, Penn State, Michigan State, and the Ohio State University along with the powerful officials who looked the other way as monsters under their control abused innocent victims can and should be held accountable. To my point, Rep. Brett Hillyer of Uhrichsville recently introduced House Bill 249 which will allow the more than 170 people abused by Richard Strauss to sue OSU. Rep. Hillyer is on the right track, but he’s not going far enough. Every victim in the state should be afforded the opportunity to seek and secure justice.

This Committee could and should provide that opportunity by amending this bill to include the elimination of the civil SOL that now protects institutions and officials who knew or should have known what was occurring on their watch.

Thank you again, Chairman Eklund, Ranking Member Thomas and members of the Committee for allowing me to appear before you today. I would be pleased and eager to answer any questions you may have.

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Brian Flick - Managing Partner Dann LawI am pleased to announce that Brian Flick, Managing Partner of DannLaw’s Cincinnati office, has been named a “Super Lawyer Rising Star” in the area of consumer law for 2020. Only 2.5% of attorneys in Ohio are named rising stars in a particular practice area. This prestigious designation is reserved for attorneys who excel in their field, contribute to their community, and abide by the highest professional and ethical standards.

Super Lawyers selects attorneys using a patented multi-phase process that combines peer nominations and evaluations with independent research. Each candidate is evaluated on 12 indicators of professional achievement. Those who score highest then undergo a “blue ribbon” peer review by practice area. Only the highest-rated attorneys make the Super Lawyer list for each state. We are proud that Chris and Doug are among them.

Brian was previously named a Rising Star in the area of consumer bankruptcy law.

Super Lawyer Selection Process Emphasizes Peer Recognition, Accomplishment, Performance, Experience

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A recent federal appeals court decision may spell “relief” for Americans buried under private student loan debt held by Navient. In a unanimous decision, a three-judge panel of the Court of Appeals for the Fifth Circuit held that Navient private student loans ARE dischargeable in bankruptcy.

This decision, to put it mildly, IS A BIG DEAL!

We won’t go into the complex legal issues discussed in the Court’s 28-page decision–although you can read it here if you are so inclined:5th cir private loans dischargeable

What matters is the bottom line: Navient debtors may now be able to climb out from under crushing private student loan debt by filing for bankruptcy.

While the ruling is great news, there are some important things you should know:

  • The decision only applies to private student loan debt issued or serviced by Navient. Non-Navient and government-backed loans cannot be erased via bankruptcy. To learn more about how to deal with government-guaranteed indebtedness visit www. https://dannlaw.com/student-loan-debt/
  • Bankruptcy may not be the best way to resolve your private student loan debt problems. The members of DannLaw’s legal team are well-versed in the laws governing both student loans and bankruptcy. We will be able to help you decide if bankruptcy is right for you and determine whether you should file Chapter 7 or 13. We may also be able to offer other options and strategies to deal with your debt.
  • Although the decision will serve as precedent within the Fifth Circuit’s jurisdiction which includes Louisiana, Mississippi, and parts of Texas, our experienced attorneys will be able to use the ruling to persuade judges across the country to discharge Navient private student loan debt via bankruptcy.

To learn more about this exciting decision and whether you should resolve your Navient private student loan debt dilemma by filing for bankruptcy,  call Atty. Brian Flick at 513-951-7124, Atty. Emily White at 614-705-0107 or use our contact form to arrange a free, no-obligation initial consultation. They will be happy to evaluate your situation and offer sound advice that will put you on the road to financial security.

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DannLaw today filed suit against the owners of the Homewood Suites by Hilton hotel located in Mahwah, New Jersey and Hilton Worldwide Holdings, Inc. for repeatedly violating both the Americans with Disabilities Act (ADA) and New Jersey’s anti-discrimination laws. The suit, filed on behalf of Erika Symmonds, alleges that the defendants twice failed to provide ADA-compliant accommodations after confirming that mobility accessible rooms were available at the Mahwah, NJ facility. The pleading in the case, which was filed today in the Federal District Court for the District of New Jersey may be viewed and downloaded here:0001. (09-04-2019) COMPLAINT against APPLE SEVEN HOSPITALITY OWNERSHIP INC. HILTON WORLDWIDE HOLDINGS INC. (Filing a

According to Attorney Emily White, Managing Partner of DannLaw’s Disability Rights Practice Group, Symmonds and her family, including her grandmother who has a mobility impairment traveled to the Mahwah area to visit relatives for the winter holidays in December 2017 and again in 2018.  A few weeks before each trip, Symmonds researched accessible rooms, and made a hotel reservation at Homewood Suites in a room designated “mobility accessible”. Symmonds then followed up by phone to confirm that the room was both accessible and available so that her spouse, young daughter, and grandmother could be in close proximity in a shared suite. In both instances, however, the hotel failed to provide a mobility accessible room, resulting in humiliating and distressing experiences for her family.

In December 2017, the family arrived at Homewood Suites Mahwah and were informed that the accessible room they had reserved was not available.  The family was instead placed in an inaccessible room.  As a result, Symmonds’ then 92-year-old grandmother was not able to independently use the bathroom and had to rely upon physical and emotional support from family members.

In December 2018, Symmonds again booked a room at Homewood Suites after receiving assurances from the hotel staff that the mobility accessible room was available and would be provided.  But when Symmonds arrived with her family late on Christmas evening, she found that the room she was given was not mobility accessible.  The bathroom lacked grab bars around the toilet and the space was too small to accommodate a walker or a wheelchair.  Because the bathroom was not accessible, the family member with a disability was unable to independently access it, and the family spent the morning after Christmas laundering the grandmother’s clothing. When one of the family members alerted the hotel front desk staff about the situation, she was told that the hotel considered the room to be “mobility accessible” because the tub was large enough to fit a stool that could be requested from the engineering department.

The ADA, which includes specific technical specifications for mobility accessible rooms, requires hotels to provide equal access to people with disabilities and to ensure that rooms are available to travelers with disabilities. Since 2012, the ADA has mandated that online reservation systems describe the features of accessible rooms so that travelers can independently identify whether a room has accessible features such as a wheel-in shower or grab bars. In addition, the law requires that people with disabilities have equal opportunity to reserve an accessible room.

In 2010, Hilton entered into an agreement with the United States Department of Justice to improve its reservation system. The agreement resolved a lawsuit alleging that:

  • Hilton “Systemically, and across its various brands…fails to provide individuals with disabilities the same opportunity to reserve accessible guest rooms using its on-line … reservations systems”;
  • Hilton “Failed to provide accurate, reliable information about its accessible sleeping rooms and amenities throughout its reservations system”;
  • “…individuals with disabilities are unable to reserve, on-line, accessible sleeping accommodations with either a tub or a roll-in shower.”

“Hilton’s failure to provide the accessible rooms reserved by Symmonds represent a serious violation of the ADA,” Attorney White said.”

“At a time when so many people are caring for elderly relatives or other family members with disabilities, hotels must provide the legally-required services families need,” Symmonds said. “It is disappointing that a company like Hilton, which could be a leader in disability access, refuses to meet even the baseline requirements of the law. Hilton should know better and do better to ensure that the rooms it designates as ‘mobility-accessible’ have grab-bars near toilets and enough space to make it possible for individuals with walkers and wheelchairs to enter bathrooms,” Symmonds continued. “We are filing suit in the hope that Hilton will honor its commitment to people with disabilities and their caregivers by fully complying with the ADA at all its properties.”

Along with compensatory damages, the suit asks the court to order Homewood Suites by Hilton Mahwah and Hilton Worldwide Holdings to ensure that equal access to accessible guest rooms is provided to individuals with disabilities and their families in the future and that such compliance is to be monitored by the federal court.

For more information, please contact Attorney Emily White at 614-705-0107 or [email protected]

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Former Ohio Attorney General Marc Dann recently asked the members of the Ohio General Assembly to eliminate the criminal statute of limitations for rape and extend the civil statute of limitations for sexual abuse. Atty. Dann who led efforts to strengthen the state’s rape, sexual abuse, and sexual predator laws as both a member of the Ohio Senate and Attorney General cited the sexual abuse scandals that have roiled the Catholic Church, U.S. Gymnastics, Penn State, and the Ohio State University as reasons why reform is needed now more than ever.

Following is the letter he sent to Speaker of the House Larry Householder, Senate President Larry Obhoff, and all members of the GA in early June:

June 3, 2019

President Larry Obhoff

Senate Building

1 Capital Square 2nd Floor

Columbus OH 43215

Speaker Larry Householder

77 S.High St. 14th Floor

Columbus OH 43215

*Sent via electronic mail

 

         Re:            Criminal and Civil Statutes of Limitations for Rape

 

Dear Mr. President and Mr. Speaker:

I write to you today to express my support for legislation that will eliminate the criminal statute of limitations for rape in the state of Ohio. Like the current and former attorneys general who registered their support for this proposal earlier this week, I devoted much of my time as Ohio’s AG to ensuring that law enforcement had the resources needed to pursue, prosecute, and incarcerate offenders.

While I applaud the AGs for their advocacy on this important issue, anyone who truly cares about the victims of this heinous crime knows we must do more than erase the criminal SOL. We must also extend the civil statute of limitations to 20 years so that victims have the time they need to hold their rapists and their rapists’ enablers accountable for the pain and suffering they have caused.

I first learned about the terrible physical and psychological pain victims endure in 2005 when I led the effort to pass Senate Bill 17 while serving as the Ranking Member of the Senate Civil Justice Committee. After hearing harrowing testimony from women and men who had been sexually abused as children, both the Committee and the Senate unanimously passed the bill which contained a provision that extended the civil SOL to 17 years.

Unfortunately, in one of the ugliest and most destructive displays of the negative impact big money donors can exert in the state’s pervasive “pay-to-play” culture, the nation’s multi-billion-dollar insurance companies placed the pursuit of profits ahead of the interests of victims and succeeded in stripping the civil SOL extension from SB 17 when it reached the House.

Today, 14 years after that shameful act of legislative malfeasance, the need to significantly extend the civil SOL in more urgent than ever before. A fact underscored by the sexual abuse scandals that have roiled the Catholic Church, U.S. Gymnastics, Penn State, and the Ohio State University. In each of these cases as well as many others, powerful officials and administrators looked the other way as innocent boys and girls were abused. And, in many of these cases those boys and girls, who often did not come forward until years after they were assaulted, were left with little opportunity to obtain the justice and just compensation they deserved because the civil stature of limitations had run out. In effect, they have all been victimized twice: by their rapists/abusers and by a political system held captive by the insurance industry and institutions that vigorously oppose legislation that would hold them accountable.

Fortunately, Representatives Kristen Boggs and Tavia Golonski are taking up the work I and my Senate colleagues of both parties began in the Senate in 2005. They have promised to introduce a bill that will address both the criminal and civil statutes of limitations. Extends the civil SOL to 20 years and tolling it until a child victim turns 18 years of age will represent a monumental step for victims and impose much-needed accountability for those who committed monstrous acts and those who knew what was happening but chose to look away.

It is my sincere hope that the current and former AGs who registered their support for eliminating the criminal SOL will join me in advocating for victims past, present, and future.

Sincerely,

Marc Dann

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If you or someone you know has been victimized please contact DannLaw by email or call 216-452-1028 today.

Buca di Beppo, Earl of Sandwich, Planet Hollywood, Chicken Guy, Mixology or Tequila Taqueria Data Breach
The Earl Restaurant Group just announced that that cyberthieves gained access to debit and credit card information of 2,000,000 people who visited Buca di Beppo, Earl of Sandwich, Planet Hollywood, Chicken Guy, Mixology or Tequila Taqueria restaurants in the United States between May 23, 2018, and March 18, 2019.
According to cybersecurity experts, the stolen information can be used to create counterfeit cards to purchase high-priced items from other retailers. This breach affected all Buca Di Beppo locations in Ohio; Chicago, IL; and New York City, NY as well as the Earl of Sandwich and Planet Hollywood locations in New York City.
Along with contacting DannLaw by email or phone, if you believe your credit or debit card information has been compromised we recommend that you carefully review your credit and debit card statements from the past year for any odd charges you didn’t make. Contact your bank or credit card issuer if you find suspicious activity, so you can get a new card and account number.
Kona coffee mislabeling scam
Growers in the Kona region of Hawaii have filed suit against the stores/online retailers listed below alleging they have been labeling and selling non-Kona coffee as Kona coffee for years.
As a result of this alleged fraud, consumers who purchased the mislabeled coffee have been overcharged. The amount consumers overpaid could be significant based on their coffee consumption. We are preparing to seek financial compensation for anyone who has been victimized by the mislabeling.
Retailer/online outlets include: Kroger’s, Walmart, Costco, Amazon.Com, Bed Bath & Beyond, T.J. Maxx, Marshalls Albertson’s, Safeway, Pacific Coffee Inc., Sprouts Farmers Market, Inc., Hawaiian Isles Kona Coffee, Cost Plus/World Market, Boyer’s Coffee Company, Inc., Java LLC, A Copper Moon Coffee, Gold Coffee Roasters, Cameron’s Coffee.
Wells Fargo Loan Modification Scam
Wells FargoThe scam artists at Wells Fargo strike again. This time the bank enticed homeowners to apply for trial mortgage loan modifications even though they knew the borrowers had little if any chance of being offered a permanent modification. That didn’t matter to Wells-the lender simply wanted people to make additional, higher payments as they moved toward foreclosure.
Wells sent its latest victims a letter of apology and a check for $300. We believe homeowners deserve much more. If you or someone you know were involved in this incident contact us today so we can evaluate your situation and determine if you are entitled to financial compensation.