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[Cite as Meyer v. United Parcel Serv., Inc., 122 Ohio St.3d 104, 2009-Ohio-2463.] - page 9 / 23

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January Term, 2009

limitations should apply to former R.C. 4101.17 (prior to that statute’s recodification as R.C. 4112.14) and which had held that a six-year statute of limitations applied to an action for age discrimination in employment brought under former R.C. 4101.17.

{¶ 24} A concurring opinion in Cosgrove specifically addressed the reasons why Bellian and Cosgrove were decided the way they were, thereby reconciling the holdings of the two cases. See 70 Ohio St.3d at 290-293, 638 N.E.2d 991 (Resnick, J., concurring). That concurring opinion in Cosgrove was joined by Chief Justice Moyer and by Justices A.W. Sweeney, Douglas, and Wright, and therefore expressed the view of five members of this court.

{¶ 25} Although both Bellian and Cosgrove involved plaintiffs who brought claims under R.C. 4112.99, this court held in those cases that different statutes of limitations applied. The key to the differing holdings, according to the Cosgrove concurrence, was that Bellian involved a claim of age discrimination, but the claim of the plaintiff in Cosgrove was for sex discrimination, and R.C. 4112.02(N)’s 180-day statute of limitations for age-discrimination claims was inapplicable. Id. at 291.

{¶ 26} There was “no specific R.C. Chapter 4112 provision that conflict[ed] with R.C. 4112.99” in Cosgrove. Id. at 292 (Resnick, J., concurring). Therefore, R.C. 4112.99 applied without being affected by any other statute within R.C. Chapter 4112. Id. Because R.C. 4112.99 does not provide its own statute of limitations, this court was required to “choose from among the various statutes of limitations contained elsewhere in the Revised Code on the basis of well-established statutory and common-law principles of construction,” which yielded the “unavoidable” conclusion that Cosgrove’s sex-discrimination claim was subject to R.C. 2305.07’s six-year statute of limitations. Id. at 292-293 (Resnick, J., concurring).

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