Merit Decision: For Those Who Still Believe There is Such a Thing as an Employer Intentional Tort, Speak Now or Forever Hold Your Peace. Hoyle v. DTJ Ents., Inc.

On March 12, 2015, the Supreme Court of Ohio handed down a merit decision in Hoyle v. DTJ Ents., Inc., Slip Opinion No. 2015-Ohio-843. In a 5-2 decision written by Justice French, in which Justices Lanzinger and Kennedy concurred … Continue reading

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

Oral Argument Preview: Liability of a School Bus Driver for Child Injured While Crossing the Street After the Bus Has Driven Away. Amber Sallee (A Minor) v. Stephanie Watts, et al.

On March 25, 2015 the Supreme Court of Ohio will hear oral argument in the case of Amber Sallee (a Minor) v. Stephanie Watts, et al, 2014-0727.  The threshold issue in the case is whether starting a school bus before a … Continue reading

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

What’s On Their Minds: Do Mandatory Sex Offender Classifications Constitute Cruel and Unusual Punishment? State of Ohio v. Travis Blankenship.

“What is wrong with affording a hearing instead of a cookie-cutter one size fits all? Allowing the defendant to come in and individualize it?” Justice Paul Pfeifer, to the prosecutor.

On March 10, 2015, the Supreme Court of Ohio heard … Continue reading

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

What’s On Their Minds: Right to a Public Hearing and Public Deliberations. Adam Stewart vs. Board of Education of Lockland School District.

On March 10, 2015, the Supreme Court of Ohio heard oral argument in the case of Adam Stewart v. Board of Education of Lockland School District, 2014-0164. At issue in this case is whether a for-cause public employee can … Continue reading

Posted in Constitutional Law, Employment Law, Student Contributors, What's On Their Minds? | Tagged , , , |

Punitive Damages Case Reaches One Year Mark Without Decision.

Whenever a case has been submitted for a year without a decision, it signals a deep division within the court, an opinion that just won’t write, or a major announcement.   A recent example was Cromer v. Children’s Hosp. Med. Ctr. … Continue reading

Posted in Ohio Supreme Court Watch, Torts |

Some Observations on Ohio v. Clark

On March 2, 2015, the U.S. Supreme Court heard oral argument in Ohio v. Clark. The two specific questions involved are

Does an individual’s obligation to report suspected child abuse make that individual an agent of law enforcement for purposes … Continue reading

Posted in Ohio Supreme Court Watch |

What’s On Their Minds: Standing in Foreclosure Cases, Again. Note and Mortgage or Note or Mortgage at Time of Filing? SRMOF 2009-1 Trust v. Shari Lewis et al.

“Aren’t there rights of a mortgage holder to enforce a foreclosure independent of the note? We don’t want to recognize some new field of law and eliminate that right, do we?” Justice Terrence O’Donnell.

On February 25, 2015, the Supreme … Continue reading

Posted in Civil Procedure, Ohio Supreme Court Watch, Property, Student Scholarship, What's On Their Minds? | Tagged , |

Oral Argument Preview: Do Mandatory Sex Offender Classifications Constitute Cruel and Unusual Punishment? State of Ohio v. Travis Blankenship.

Read the analysis of the oral argument here.

On March 10, 2015, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Travis Blankenship, 2014-0363. At issue in this case is … Continue reading

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

Oral Argument Preview: Right to a Public Hearing and Public Deliberations. Adam Stewart vs. Board of Education of Lockland School District.

On March 10, 2015, the Supreme Court of Ohio will hear oral argument in the case of Adam Stewart v. Board of Education of Lockland School District, 2014-0164. At issue in this case is whether for-cause public employees may … Continue reading

Posted in Civil Procedure, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , , , |

Ohio v. Clark to be Argued Today at U.S. Supreme Court.

And I was supposed to be there in person to hear the argument, but as she so often has this winter, Mother Nature refused to cooperate, so I must settle for listening to the tapes and reading the transcript. Not … Continue reading

Posted in Constitutional Law, Evidence |