Jay Carson Files Amicus Brief Urging the Court for Protection from Government Overreach

Wednesday December 8, 2021 Published in Litigation

On November 29, 2021, Jay Carson, on behalf of Wegman Client The Buckeye Institute filed an amicus brief with the Ohio Supreme Court.  The brief urges the Court to protect the public from government overreach which is in violation of one the American government’s fundamental components – separation of powers.

The issue arose when an independent engineer contractor was refused certification by the State Board of Registration for Professional Engineers and Surveyors because he was an independent contractor and not an employee of the company.  In response to the board’s decision, the independent contractor filed suit with the Hamilton County Court of Common Pleas and subsequently appealed to the First Appellate District of Ohio. Both courts concurred that the board has full discretion over these types of issues.  The Pacific Legal Foundation challenged that decision from the First Appellate District of Ohio by filing a brief with the Ohio Supreme Court challenging the issue of the courts automatically deferring to the administrative agencies’ interpretation (Twism Enterprises v. State Board of Registration for Professional Engineers and Surveyors).

The amicus brief filed by the Buckeye Institute concurs with The Pacific Legal Foundation’s brief and challenges the practice of consideration that courts afford to administrative agencies and the larger issue of separation of powers. “This Court’s decision on when and how much deference to afford administrative agencies will affect every Ohio citizen and every Ohio business in ways that cannot be foreseen based on rules that have yet to be written. This case thus presents substantial constitutional issues and matters of great public concern.”

Wegman Hessler specializes in business law for business leaders, applying legal discipline to solve business problems to help business owners run smarter. For more than 50 years, this Cleveland business law firm provides full-service strategic legal counsel for closely held businesses. Learn more at www.wegmanlaw.com.

Related Stories

Business Litigation Attorney Angela Lavin to Speak on E-Discovery and Data Collection

As litigation becomes increasingly complex, the e-discovery process is more important than ever. Law firms must have a sound strategy for collecting, reviewing, and producing electronic data to prevail in…

Read More

Wegman Hessler Valore Recognized Among “Best Law Firms” in Northeast Ohio

Cleveland — Wegman Hessler Valore is being recognized among the “Best Law Firms” in the Cleveland area for 2024 by U.S. News &World Report. Several attorneys at the firm are…

Read More

What business partners need to know about fiduciary duty

The litigation team at Wegman Hessler recently won a case for a small business client, who received a substantial judgment. The individual was a 49% shareholder owner of an LLC…

Read More