Author Archives: MBettman

What Happened on Remand: The End of a Very Long Road for Iran Doss, and No Right To Compensation for Wrongful Imprisonment. Doss v. State.

Case Background

On New Year’s Eve 2004, 23-year-old J.P. came from Ravenna to celebrate with friends at a club in Cleveland.  She drank a lot of alcohol throughout the night, and woke up the next morning in an unfamiliar apartment … Continue reading

Posted in Ohio Supreme Court Watch, What Happened on Remand |

Merit Decision: Strict, Not Substantial Statutory Compliance Required to Properly Present Claim Against Estate. Wilson v. Lawrence.

On April 19, 2017, the Supreme Court of Ohio handed down a merit decision in Wilson v. Lawrence, Slip Opinion No. 2017-Ohio-1410. … Continue reading

Posted in Merit Decisions, Ohio Supreme Court Watch, Probate | Tagged , |

Oral Argument Preview: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.

On May 3, 2017, the Supreme Court of Ohio will hear oral argument in the case, Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al., Continue reading

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

What’s On Their Minds: Does Ohio’s Dram Shop Act Preclude All Traditional Common-Law Negligence Claims Against a Liquor Permit-Holder? Nichole Johnson v. Mary E. Montgomery et al.

“I’m a former bartender from Athens. So let me just suggest to you that if the alcohol comes off the shelf and goes into the glass, and goes into the mouth of the dancer, and the money goes into my … Continue reading

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

Merit Decision: Sentence Not Impermissible Trial Tax; Court Adopts Actual Vindictiveness Standard. State v. Rahab.

On April 18, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Rahab, Slip Opinion No. 2017-Ohio-1401. In a 5-2 opinion written by Justice DeWine, the court found that the trial court judge did … Continue reading

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

What’s On Their Minds: Validity of the Search of an Arrestee’s Purse. State of Ohio v. Jamie Banks-Harvey.

“Our concern isn’t the overriding purpose of the policy, our concern is the overriding purpose of the Constitution…”

Justice French

On April 6, 2017, the Supreme Court of Ohio heard oral argument in the case of State of Ohio … Continue reading

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

Court Dismisses McGowan v. Medpace, Inc. As Improvidently Accepted.

On April 12, 2017, by a vote of 4-3, the court dismissed as improvidently accepted McGowan v. Medpace, Inc., Slip Opinion No. 2017-Ohio-1340. Chief Justice O’Connor and Justices O’Donnell, Kennedy, and French formed the majority. Because Justices Fischer and … Continue reading

Posted in Labor and Employment Law, Ohio Supreme Court Watch | Tagged , |

What’s On Their Minds: Can a Doctor’s Admission of Fault During An Apology Be Used in Court? Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, M.D., et al.

“Where is the apology?”

Justice O’Neill

On April 6, 2017, the Supreme Court of Ohio heard oral argument in the case of Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, … Continue reading

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

What Happened on Remand: Won the Battle But Lost the War? Burnham v. Cleveland Clinic.

In Burnham v. Cleveland Clinic, Slip Opinion No. 2016-Ohio-8000, in a very fragmented 6-1 decision, the Supreme Court of Ohio held that the order compelling discovery in this case was final and appealable. Read the analysis of the merit … Continue reading

Posted in Civil Procedure, Evidence, Ohio Supreme Court Watch, Torts, What Happened on Remand | Tagged , |

Commentary: On Reconsideration: What’s Up With State v. Aalim?

At the end of December of last year, facing the upcoming retirement of Justices Pfeifer and Lanzinger, the Supreme Court of Ohio really cranked out some major decisions. One of those was State v. Aalim, Slip Opinion No. 2016-Ohio-8278, … Continue reading

Posted in Commentary, Constitutional Law, Juvenile Law, Ohio Supreme Court Watch |