In re Ruffalo

John Ruffalo (plaintiff) was an attorney who litigated cases against railroad companies under the Federal Employers’ Liability Act (FELA). After receiving a complaint alleging impropriety, the Ohio Board of Commissioners on Grievances and Discipline (the board) brought 12 counts of misconduct against Ruffalo. During Ruffalo’s hearing, Ruffalo, as well as Michael Orlando, an employee of the Baltimore & Ohio Railroad Company, testified that Ruffalo had hired Orlando to investigate FELA cases for Ruffalo, including cases involving Orlando’s employer. Upon hearing this testimony, the Board added a thirteenth count of misconduct against Ruffalo. Over the objections of Ruffalo’s counsel, which noted that it was improper to bring new charges against Ruffalo without prior notice, the board found Ruffalo guilty of seven counts, including count no. 13. On review, the Ohio Supreme Court sustained two of the charges, including count no. 13, and disbarred Ruffalo. The United States Court of Appeals for the Sixth Circuit then issued an order to show cause why Ruffalo should not be removed from the court’s roll as a result of Ruffalo’s disbarment. The court of appeals rested on the state court’s determination as to count no. 13 and removed Ruffalo from the court’s roll. Ruffalo sought Supreme Court review alleging procedural-due-process concerns, and the Court granted certiorari.