2016 Ohio 5001
Ohio2016Background
- Relators (Maddox and others) filed an original-action mandamus complaint against the Village of Lincoln Heights alleging misclassification of workers and failure to provide/withhold various employee benefits (taxes, insurance, leave pay, fringe benefits).
- Relators sought certification of multiple classes and a writ ordering the village to provide withheld benefits and reimburse class members; a jury demand was asserted under R.C. 2731.11.
- This court issued an alternative writ, permitted amendment, and the parties were referred to mediation; later they submitted a joint motion for preliminary approval of a class-action settlement providing monetary payments from a $126,000 common fund.
- The proposed settlement included service awards for named relators and attorney fees equal to one-third of the common fund.
- The State argued the court lacks constitutional authority to approve monetary settlements in original mandamus actions and that Civ.R. 23(E) only requires court approval for settlements of certified classes (no class had yet been certified).
- The court denied preliminary approval of the monetary class settlement and returned the case to mediation, directing the parties to attempt an out-of-court settlement without court approval.
Issues
| Issue | Plaintiff's Argument (Maddox) | Defendant's Argument (Village) | Held |
|---|---|---|---|
| Whether a mandamus original action may be settled by court-approved monetary payments to a class | Settlement payments are fair and appropriate to resolve class claims; court approval under Civ.R. 23(E) is required | Jointly sought court approval of the monetary class settlement | Denied: this court lacks constitutional original-jurisdiction power to approve money judgments or monetary settlements in mandamus actions |
| Whether Civ.R. 23(E) bars parties from settling before class certification without court approval | Relators implied court approval needed for fairness and to bind absent class members | Parties argued settlement should be preliminarily approved under Civ.R. 23(E) | Court: Civ.R. 23(E) requires court approval only for settlements of certified classes; no class certified here, so court approval not required (and court cannot grant it for money relief in original action) |
| Whether this court can preside over distribution of a common fund and award attorney fees in an original mandamus action | Relators sought approval of attorney-fee share (one-third) from common fund | Respondents agreed to fund and fee split but sought judicial approval | Held: Article IV, Sec. 2(B)(1) does not grant authority to preside over money distribution or award money judgments in original actions; court declined to approve fees from common fund |
| Appropriate procedural disposition when parties seek court approval of monetary settlement in original mandamus action | Relators requested preliminary approval and certification | Village joined in the request | Court returned the case to mediation and instructed the parties to seek out-of-court resolution without court approval |
Key Cases Cited
- State ex rel. Davis v. Pub. Emps. Retirement Bd., 111 Ohio St.3d 118 (2006) (recognizing that mandamus actions may, in appropriate circumstances, be brought as class actions)
- State ex rel. Cleveland Mun. Court v. Cleveland City Council, 34 Ohio St.2d 120 (1973) (this court lacks original-jurisdiction authority to adjudicate money judgments in mandamus proceedings)
- State ex rel. Coyne v. Todia, 45 Ohio St.3d 232 (1989) (Civil Rules cannot expand this court’s constitutional jurisdiction to include counterclaims for money damages in original actions)