Firm News
Tucker Ellis Team Obtains Dismissal of Hybrid/Electric Vehicle Class Action in Cuyahoga County Court of Common Pleas
May 25, 2023
Firm News
Tucker Ellis Team Obtains Dismissal of Hybrid/Electric Vehicle Class Action in Cuyahoga County Court of Common Pleas
May 25, 2023
On May 24, the Tucker Ellis team of Mike Ruttinger, Elisa Arko, and Jeff Sindelar obtained the dismissal of a class action complaint in the Cuyahoga County Court of Common Pleas making a first-of-its-kind challenge to the constitutionality of Ohio statutory provisions setting special registration fees for owners of hybrid and electric motor vehicles.
The Plaintiffs in Evans v. Charles Norman, et al. claimed that these fees violate due process and equal protection guarantees under both the Ohio and United States Constitutions. In dismissing the case, the court cited the “strong presumption of constitutionality” for laws enacted by Ohio’s General Assembly and further explained that the fees “are not unreasonable or arbitrary and are rationally related to a legitimate governmental purpose” because they “contribute directly to the maintenance and preservation of Ohio’s public roads.”