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DannLaw, Advocate Attorneys refile lawsuit against DeWine, Damschroeder in Franklin County Common Pleas Court

In the News

July 16, 2021 By Marc Dann

The team of attorneys who filed suit in Cuyahoga Common Pleas Court to force Governor Mike DeWine and Matt Damschroeder, Director of the Ohio Department of Jobs and Family Services to rescind their decision to terminate federally-funded supplemental unemployment benefits announced today that they have refiled the action in Franklin County Common Pleas Court. The decision comes after Judge Michael Shaughnessy granted the state’s motion for a change of venue. The case has been assigned to Franklin County Common Pleas Judge Michael Holbrook.

Former Ohio AG Marc Dann and Brian Flick of DannLaw and Andrew Engel of Advocate Attorneys LLP said they are refiling in Franklin County because battling over venue would have delayed hearings on the substantive issues raised in the case and their motion for a temporary restraining order and preliminary injunction that would compel the state to restore the benefits. They hope to have an initial hearing on or before July 21.

“We want to get to a hearing before a judge as quickly as possible because, as the emails and phone calls we’ve received since we filed the suit clearly demonstrate, many, many Ohioans are being hurt by the governor’s callous and illegal decision to cut off these essential benefits,” Dann said.

The Mandamus complaint may be viewed here: Bowling Candy 2021 07 15 TS Franklin County Complaint1

The motion for a TRO and preliminary injunction may be viewed here: Bowling Candy 2021 07 15 TS Motion for TRO Franklin1

DannLaw’s response to the State’s motion may be viewed here: Bowling Candy 2021 07 21 Reply in Response to Memorandum in Opp

Filed Under: In the News

July 6, 2021 By Marc Dann

Marc Dann and Brian Flick of DannLaw, one of the nation’s leading consumer protection law firms and Attorney Andrew Engel of Advocate Attorneys, LLP, today filed suit in Cuyahoga County Common Pleas Court to force Governor Mike DeWine and Matt Damschroeder, Director of the Ohio Department of Jobs and Family Services to rescind their decision to terminate Ohio’s participation in the Federal Pandemic Unemployment Compensation (FPUC), Pandemic Unemployment Assistance (PUA),  Pandemic Emergency Unemployment Compensation (PEUC) programs. The first hearing in the case has been set for July 21, 2021 at 1:30 P.M. before Judge Michael P. Shaughnessy in Courtroom 16 C in the Cuyahoga County Justice Center, 1200 Ontario St, Cleveland, OH.

DeWine and Damschroder announced on May 13, 2021 that the federally-funded benefits would be cutoff on June 26, 2021. Ohio is one of 27 states governed by Republicans that decided to terminate the benefits early.

“Along with jeopardizing the personal and financial well-being of Ohioans who are struggling to recover from the pandemic, DeWine and Damschroder’s callous and politically-motivated decision to terminate the federal benefits represents a willful and blatant violation of Ohio law,” Brian Flick said.

According to the lawsuit, Ohio Revised Code Section ORC 4141.43(I) requires Damschroder to

“…cooperate with the United States department of labor to the fullest extent…[and] take such action…as may be necessary to secure to this state and its citizens all advantages available under the provisions of the “Social Security Act” that relate to unemployment compensation…”

The mandamus action asks the Cuyahoga County Common Pleas Court to:

  • Declare Governor Dewine and Director Damschroder to be in violation of their statutory duties under R.C. 4141.43(I) by terminating Ohio’s participation in PUA, PEUC, and FUPC benefits as of the week of June 26, 2021;
  • Enjoin Dewine, Damschroder, their officers, employees, and agents, from withdrawing the State of Ohio from unemployment benefits offered through the CARES Act;
  • Order Dewine and Damschroder to immediately notify the United States Department of Labor of Ohio will participate in the programs for their duration;
  • Issue a peremptory writ of mandamus requiring the Defendants’ perform their statutory duties required by ORC 4141.43(I) and immediately take all action necessary to reinstate Ohio’s participation in all federal unemployment insurance benefit available from the United States Department of Labor.

DannLaw and Advocate Attorneys are also seeking a Temporary Restraining Order and Preliminary Injunction enjoining Dewine and Damschroder from denying Ohioans

the right to receive FPUC benefits.

The mandamus action may be viewed here: Bowling Candy 2021 07 06 First Amended Complaint TO FILE

The motion for a temporary restraining order may be viewed here: Bowling Candy 2021 07 05 Motion for TRO Final

Similar suits have been filed in three other states: Indiana, Maryland, and Texas. On June 25 Indiana Superior Court Judge John Hanley ruled that the state must continue paying the benefits and said “Indiana law recognizes the importance of these benefits. Indiana law requires the State to accept these benefits.” Court action is pending in Maryland and Texas.

“Indiana’s statutory language is very similar to Ohio’s,” Atty. Dann noted. “We believe we are right on the law an absolutely right as it relates to public policy that protects the interests of the people of the state of Ohio.”

For more information, please contact Atty. Marc Dann at 216-373-0539 or by emailing [email protected]

Filed Under: Attorneys, Class Action Lawsuit, Covid-19, Founding Partner, In the News Tagged With: Coronavirus, Marc Dann, U.S. Economy

July 1, 2021 By Marc Dann

DannLaw new address 15000 Madison Avenue, Cleveland, Ohio 44107

Filed Under: In the News

June 10, 2021 By Marc Dann

The consumer protection team at DannLaw and Advocate Attorneys, along with Atty. Nathan Lloyd Gess are investigating reports that TitleMax has repeatedly violated Pennsylvania’s lending laws by charging borrowers interest rates that would make a loan shark blush. If you or someone you know has borrowed from TitleMax in the Keystone State in the past four years we urge you to contact DannLaw TODAY by calling 877-475-8100 or using the contact form on our website: www.dannlaw.brmcstaging.com/contact to arrange a no-cost consultation.

Here is what we know and why you should act immediately to protect yourself: Even though PA law caps the annual interest rate on title loans at 6%, TitleMax is reportedly charging as much as 132% which adds thousands, even tens of thousands of dollars in finance charges to title loans. They pull off this scam by refusing to allow consumers to view loan documents on computer screens before borrowers sign them electronically and using other tricks to conceal the true interest rate.

The outrageous and illegal interest rates TitleMax is charging often cause borrowers to miss payments. When they do, TitleMax quickly repossesses the vehicle that is securing the loan.

If you or someone you know has borrowed from TitleMax in Pennsylvania in the past four years you may be a victim of this scam. You should contact DannLaw today even if your loan has been paid off or your vehicle has already been repossessed. We will examine your loan documents and help you fight for justice.

And, because TitleMax may be violating state and federal lending laws, you may also be entitled to monetary compensation.

Don’t delay, contact DannLaw today at 877-475-8100 or www.dannlaw.brmcstaging.com/contact so we can begin fighting for you!

Filed Under: In the News

May 24, 2021 By Marc Dann

On Monday, May 24, 2021, Attorneys Marc Dann and Andrew Engel of Advocate Attorneys LLP filed a mandamus action that asks the Ohio Supreme Court to compel officials of the State Teachers Retirement System of Ohio (STRS) and consulting firm CEM Benchmarking to comply with Ohio’s public records law and release financial information for the STRS pension fund, including returns achieved, expenses incurred by the funds, fees charged by outside fund managers, and comparisons of STRS’s performance with those of similar public pension funds in other states.

The documents in question were first requested by Edward “Ted” Siedle, President of Benchmark Financial Services, the firm retained by the Ohio Retired Teachers Association in October 2020 to perform a forensic investigation of STRS. Seidle’s request, submitted on February 19, 2021, sought all contracts between STRS and CEM Benchmarking, all reports and analysis produced by CEM Benchmarking related to STRS’s investment management fees, costs, and expenses, and all reports and analysis produced by CEM Benchmarking related to alternative investments.

More than two months later STRS turned over only heavily redacted copies of some the requested documents and failed to provide a copy of the system’s contract with CEM.

“STRS’s response is contrary to law, but it is not surprising,” Dann said. “The system and CEM are stonewalling and denying active and retired teachers as well as Ohio taxpayers vital information about the fund’s performance, the fees it pays advisors, and its overall management and operations. The public has a right to know what the fund and CEM are hiding and why.”

Attorney Dann, Engel, and Seidle discussed the lawsuit during a Zoom news conference at 2:00 P.M. on Monday, May 24. A recording of the event may be viewed at News Conference 5-24-21.

The mandamus action and supporting documents are available for viewing and download here:

STRS mandamus

STRS affadavit 1

STRS affadavit 2

STRS affadavit 3

 

Filed Under: In the News

April 26, 2021 By Marc Dann

Travel Click logoImportant notice for anyone who received a letter from a lodging chain regarding the TravelClick date breach:  Don’t delay. Protect yourself and your family. Contact DannLaw TODAY!

Hotel chains that use TravelClick, a third-party reservation system, recently notified customers that the company allowed hackers to steal their credit card information.

As a result of the failure to protect this sensitive personal information, many people are now at high risk for identity theft and credit card fraud.

If you received a letter from a lodging chain you should contact DannLaw today. We are now investigating this data breach and believe you and other victims may be entitled to substantial financial compensation.

To arrange a no-cost no-obligation consultation about this important matter call 216-373-0539, complete the contact form found at dannlaw.brmcstaging.com/contact, or send us a direct message via our Facebook page. We are here to protect you.

Filed Under: Consumer Fraud, Data Breach, Identity Theft, In the News Tagged With: Consumer Fraud, data breach, identity theft, Marc Dann

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