Merit Decision: Abortion Clinic Lacks Standing to Make Single-Subject Challenge to State Budget Bill for Inclusion of Abortion Provisions. Preterm-Cleveland, Inc. v. Kasich.

“The Supreme Court of the United States has stated standing “’is not dispensed in gross.’”

Justice O’Donnell, majority opinion.

On February 6, 2018, the Supreme Court of Ohio handed down a merit decision in Preterm-Cleveland, Inc. v. Kasich,  Slip … Continue reading

Posted in Civil Procedure, Constitutional Law, Merit Decisions, Ohio Supreme Court Watch | Tagged , |

What’s On Their Minds: Is Ohio’s Statutory Death Penalty Sentencing Scheme Unconstitutional? State of Ohio v. Maurice Mason.

“Does it matter that in Ohio if the jury had not recommended death, the trial court would have no authority to impose death?”

Justice French, to defense counsel

On January 23, 2018, the Supreme Court of Ohio heard oral argument … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Death Penalty, Ohio Supreme Court Watch, Student Scholarship, What's On Their Minds? |

Merit Decision: Court Ok’s License Revocation of Toledo Abortion Clinic. Capital Care Network of Toledo v. Dept. of Health.

Update: On February 12, 2018, at a special meeting, the Board of Trustees of ProMedica Toledo Hospital authorized ProMedica to enter into a written transfer agreement with Capital Care Network.

On February 6, 2018, the Supreme Court of Ohio handed … Continue reading

Posted in Civil Procedure, Constitutional Law, Merit Decisions, Ohio Supreme Court Watch | Tagged , , , , |

Merit Decision: Statute of Limitations Starts to Run When Insurance Policy Was Issued. LGR Realty, Inc. v. Frank & London Ins. Agency.

On January 31, 2018, the Supreme Court of Ohio released a merit decision in LGR Realty, Inc. v. Frank & London Ins. Agency, Slip Opinion No. 2018-Ohio-334. (According to the Reporter’s Note, the case was actually decided on January … Continue reading

Posted in Insurance Law, Merit Decisions, Ohio Supreme Court Watch, Torts | Tagged , , |

Oral Argument Preview: Must a Social Worker Advise an Incarcerated Defendant of his Rights Pursuant to Miranda? State of Ohio v. Demetrius Jackson.

On February 13, 2018, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Demetrius Jackson, 2017-0145. At issue in this case is whether a suspect’s rights have been violated when he is questioned, without … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , , |

Supreme Court of Ohio Releases Two Abortion Decisions; Rules Against Two Abortion Clinics.

The Supreme Court of Ohio released two decisions today, February 6, 2018, ruling against two separate abortion clinics, one for lack of standing, the other for failing to follow a rule requiring a written hospital transfer agreement. The blog will … Continue reading

Posted in Civil Procedure, Constitutional Law, Merit Decisions, Ohio Supreme Court Watch |

Oral Argument Preview: Clarifying Requirements About Smoking History for Workers Exposed to Asbestos Who Have Lung Cancer. Bobby Turner, et al. v. CertainTeed Corporation, et al.

On February 13, 2018, the Supreme Court of Ohio will hear oral argument in Bobby Turner, et al. v. CertainTeed Corporation, et al., 2017-0004. At issue in the case is whether Ohio law requires any plaintiff who has been … Continue reading

Posted in Evidence, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors, Torts | Tagged , , |

What’s On Their Minds: Further Defining the Tort of Spoliation of Evidence. Kristin Elliott-Thomas v. David Kane Smith, et al.

“…so why didn’t you file a motion to compel or some sort of activity to bring it to the court’s attention that they were not cooperating with discovery the way they should…?”

Chief Justice O’Connor, to plaintiff’s counsel.

On January … Continue reading

Posted in Civil Procedure, Evidence, Ohio Supreme Court Watch, Student Contributors, Torts, What's On Their Minds? | Tagged , , |

Supreme Court of Ohio’s Handling of Cases Submitted With Then-Justice O’Neill Participating, But Released After He Left the Court.

On November 2, 2017, a few days after his gubernatorial-run announcement, Justice Bill O’Neill included this in a letter to the Clerk of the Supreme Court of Ohio:

“I will not be participating in any new matters submitted to the … Continue reading

Posted in Judiciary, Ohio Supreme Court Watch |

What’s on their Minds: Does A Juvenile Court’s Failure to Follow Procedures under Ohio’s Safe Harbor Law for Victims of Human Trafficking Invalidate the Juvenile’s Transfer to Adult Court? State of Ohio v. Alexis Martin

“What does the Guardian Ad Litem do in the context like this, different from what we have?”

Justice O’Donnell, to defense counsel

“Do you not think that the judge could have explained why she was not using the safe harbor … Continue reading

Posted in Juvenile Law, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , , , |