Author Archives: MBettman

Justice Bill O’Neill to Leave Court January 26, 2018.

Ohio Supreme Court Justice Bill O’Neill announced today, December 8, 2017, that he will leave the Court on January 26, 2018, to pursue his run for governor. O’Neill has been criticized from many quarters for staying on the Court after … Continue reading

Posted in Commentary, Ohio Supreme Court Watch |

Commentary: Another Failed Execution Attempt in Ohio.

On September 15, 2009, the state tried, but failed, to execute Romell Broom. The execution team couldn’t find a good vein, failing to insert a catheter after pricking Broom 18 times, for nearly two hours, during which time Broom reportedly … Continue reading

Posted in Commentary, Death Penalty, Ohio Supreme Court Watch |

What’s On Their Minds: Can a Court Sua Sponte Appoint a Guardian Ad Litem for an Adult in a Divorce Case Without a Hearing? Charles W. Thomasson v. Carol J. Thomasson.

“But you just keep telling me why it’s (the trial court decision’s) wrong—tell me why it’s a final order?”

Justice DeWine, to Carol Thomasson’s counsel

“Does the appointment of the GAL preclude your representation of your client?”

Justice O’Donnell, to … Continue reading

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

Oral Argument Preview: Can a Court Sua Sponte Appoint a Guardian Ad Litem for an Adult in a Divorce Case Without a Hearing? Charles W. Thomasson v. Carol J. Thomasson.

Read an analysis of the oral argument here.

On November 21, 2017, the Supreme Court of Ohio will hear oral argument in the case of Charles W. Thomasson v. Carol J. Thomasson, 2016-1629. At issue in this case … Continue reading

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

The Ohio Democratic Gubernatorial Plot Thickens. Richard Cordray to Step Down from CFPB

Former Ohio Attorney General Richard Cordray announced today, November 15, 2017, that he plans to step down as head of the Consumer Financial Protection Bureau by the end of this month. Could that be a step to his becoming a … Continue reading

Posted in Commentary, Ohio Supreme Court Watch |

What Happened on Remand: Three Years Later, and Still Sparing On Whether A Worker Can Sue a Co-Worker for a Workplace Intentional Tort. Yeaples v. Precision Directional Boring, LLC.

Case Background

A long, long time ago (January 19, 2010, to be exact) Donald Yeaples was injured while working as a laborer for Precision Directional Boring, a Medina County Company. He was on a job to identify residential connections with … Continue reading

Posted in Ohio Supreme Court Watch, Torts, What Happened on Remand, Workers' Compensation |

Observations on Justice O’Neill’s Intent to Recuse From Future Cases.

On October 29, 2017, Justice Bill O’Neill announced his intent to run in the Democratic gubernatorial primary May 8, 2018. He also announced a platform which includes “legalization of recreational marijuana, a higher minimum wage, a decrease in in-state tuition, and the … Continue reading

Posted in Commentary, Ohio Supreme Court Watch |

Merit Decision: Court Upholds Felonious Assault Statute Compelling Disclosure of HIV Status. State v. Batista.

On October 26, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Batista, Slip Opinion No. 2017-Ohio-8304. The court unanimously upheld the constitutionality of R.C. 2903.11(B)(1), which requires persons who know they are HIV … Continue reading

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

Justice Bill O’Neill Announces Intent to Run for Governor.

Yesterday, October 29, 2017, Ohio Supreme Court Justice Bill O’Neill announced his intent to run in the Democratic gubernatorial primary May 8, 2018. Already in the race on the Democratic side are Dayton Mayor Nan Whaley, State Senator Joseph Schiavoni, … Continue reading

Posted in Ohio Supreme Court Watch, Uncategorized |

What’s On Their Minds: Court Tackles Substantial Factor Causation in Asbestos Exposure Case. Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al.

“Given the current status of the science in this area is it ever possible to say what is or isn’t a significant factor… Is it just that the science is different from what the statute is requiring?”

Justice French

On … Continue reading

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