While the Supreme Court of Ohio doesn’t have an official summer recess, it has finished hearing oral arguments until August 19. These are the cases that have been covered on the blog that are still under submission: Peggy Spaeth, et. al. v. State Automobile Mutual Insurance Company. Issue: how to determine domicile in a case arising out of an insurance coverage dispute. Date argued: November 6, 2013. Cromer v. Children’s Hospital Medical Center of Akron. Issue: a challenge to a general negligence foreseeability instruction given in a medical malpractice case. Date argued: November 20, 2013. Anita Hauser v. City of Dayton Police Department, et al., 2013-0291. Issue: whether a political subdivision supervisor is liable for or immune from liability for an employment discrimination claim. Date argued: December 10, 2013. Bank of American, N.A. v. George M. Kuchta, et al., 2013-0304. Issue: whether defendants can bring a lack of standing challenge in a foreclosure action in a post-judgment motion without having appealed the judgment. Date argued: January 8, 2014. This case has generated the most interest on the blog. Auer v. Paliath, 2013-0459. Issue: the scope of respondeat superior liability of a broker for the intentionally tortious conduct of a “rogue” associated sales agent. Date argued: February 4, 2014 Carlos Sivit, et al., v. Village Green of Beachwood, L.P., et al, 2013-0586. Issue: whether a landlord can be held liable for faulty wiring in a concealed area and, if so, whether the punitive damage cap applies to any punitive damage award. Date argued: March 11, 2014 State of Ohio v. Joseph Harris, 2013-414. Issue: whether a psychologist’s trial testimony about a defendant’s feigned mental illness based on statements made during a competence and sanity evaluation is admissible during the state’s case-in-chief. Date argued: March 11, 2014. State of Ohio v. Brandon Lee Hoffman, 2013-0688. Issue: whether the Fourth Amendment exclusionary rule precludes evidence that is obtained pursuant to an arrest warrant issued without probable cause by a judicial officer. Date argued: April 8, 2014. Cedar Fair, L.P. v. Jacob Falfas, 2013-0890. Issue: whether an arbitration panel properly awarded specific performance of a personal services employment contract. Date argued: April 9, 2014. Visiting Nurse Association of Mid-Ohio v. Friebel, 2013-0892. Issue: whether an Ohio worker’s compensation claimant can have “dual intent,” simultaneously being on a personal errand and acting “in the course of” and “arising out of” the claimant’s employment. Date argued: April 9, 2014. State of Ohio v. Willie Herring, 2011-0451. Issue: whether, in a capital case, a defendant is deprived of effective assistance of counsel when trial counsel fail to ensure that a proper mitigation investigation is completed and presented. Date argued: April 29, 2014. Phillip E. Pixley v. Pro-Pak Industries, Inc., et al., 2013-0797. Issue: whether the definition of equipment safety guard is limited to protect only operators of equipment, and whether there is a genuine issue of material fact of deliberate intent to injure in this case. Date argued: May 14, 2014. State of Ohio v. Terrell Vanzandt, f.k.a. Terrell Asberry, 2013-1010. Issue: whether judicially sealed records of non-convictions may be unsealed by a trial court and used in a subsequent criminal proceeding stemming from the sealed case. Date argued: May 27, 2014. State of Ohio v. Nicholas Castagnola, 2013-0781. Issue: whether an affidavit which incorrectly asserted that the defendant stated he used a computer to facilitate a crime was sufficient to establish probable cause for a warrant to search the computer. Date argued: May 28, 104. Duane Allen Hoyle v. DTJ Enterprises, Inc., et al., 2013-1405. Issue: insurance coverage for employer intentional torts. Date argued: June 10, 2014. State of Ohio ex. rel. Donald Yeaples and Deborah Yeaples v. Honorable Steven E. Gall et. al., 2013-0941. The literal issue in the case involves the granting of writs of mandamus and procedendo over the proper venue for this tort claim, but the subtext is whether a common law substantial certainty workplace intentional tort can be brought against a fellow-employee. Date argued: June 25, 2014. Steve Granger, et al. v. Auto-Owners Insurance, et al., 2013-1527. The issue on appeal is an insurer’s duty to defend in a housing discrimination case. Date argued: June 25, 2014. State of Ohio v. Alexander Quarterman et al. 2013-1591. The issue is whether mandatory transfers of juvenile offenders to adult court violate state and federal constitutional rights. Date argued: July 8, 2014. So the justices have a lot of summer homework.
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Marianna Brown Bettman
Marianna Brown Bettman is Distinguished Teaching Professor and Professor of Practice Emerita at the University of Cincinnati College of Law, where she taught torts, legal ethics, and a seminar on the Supreme Court of Ohio. She is also a former Ohio state court of appeals judge. Professor Bettman is a frequent presenter on Supreme Court of Ohio cases at Continuing Legal and Judicial Education seminars and conferences including the Ohio Judicial Conference. She also provides appellate consulting services to attorneys.