CLEVELAND MOBILE RADIO v. VERIZON

Nos. 2005-2299 and 2005-2302.

113 Ohio St.3d 394 (2007)

2007-Ohio-2203

CLEVELAND MOBILE RADIO SALES, INC., ET AL., APPELLEES, v. VERIZON WIRELESS, A.K.A. NEW PAR, ET AL., APPELLANTS. DISCOUNT CELLULAR, INC., APPELLEE, v. AMERITECH MOBILE COMMUNICATIONS, INC., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 23, 2007.


Attorney(s) appearing for the Case

Tricarichi & Carnes, L.L.C., and Carla M. Tricarichi; and Randy J. Hart and Mark Griffin, for appellees.

Calfee, Halter & Griswold, L.L.P., Mark I. Wallach, James F. Lang, and William J. Michael; and McLaughlin & McCaffrey, L.L.P., and John F. McCaffrey, for appellants Ameritech Mobile Communications, L.L.C., and Cincinnati SMSA Limited Partnership.

Zeiger, Tigges & Little, L.L.P., and John W. Zeiger; and Kirkland & Ellis, L.L.P., Stephen R. Patton, P.C., and Robert R. Gasaway, for appellants Verizon Wireless, a.k.a. New Par, Verizon Wireless, and AirTouch Eastern Region, L.L.C.

Bricker & Eckler L.L.P., Kurtis A. Tunnell, Anne Marie Sferra, and Vladimir P. Belo, urging reversal for amici curiae, Ohio Manufacturers Association, Ohio Chamber of Commerce, National Federation of Business/Ohio, and Ohio Insurance Institute.


O'CONNOR, J.

{¶ 1} In this matter, we address whether claims brought pursuant to provisions of the Revised Code identified in R.C. 4905.61 are subject to the one-year statute of limitations set forth in R.C. 2305.11 or the six-year statute of limitations found in R.C. 2305.07. We conclude that R.C. 4905.61 is a penalty statute and that the one-year statute of limitations in R.C. 2305.11 applies to it. Accordingly, we reverse the decision...

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