Cosgrove v. Williamsburg of Cincinnati Management Co.

Although I concur fully in the court’s decision, I am compelled to write separately for three reasons. First, I believe it is incumbent upon the court to set forth a more definitive test to identify whether a liability created by statute is penal or remedial. Second, I feel it necessary, in light of today’s decision, to explain and distinguish our recent decision in Bellian v. Bicron Corp. (1994), 69 Ohio St.3d 517, 634 N.E.2d 608. Third, I wish to stress that how victims of different discriminatory practices are treated regarding time limitations on the independent civil remedies afforded…