Category Archives: Civil Procedure

Merit Decision: Order Compelling Production of Documents Allegedly Protected by Attorney-Client Privilege is a Final Appealable Order. Darlene Burnham v. Cleveland Clinic, et al.

On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Burnham v. Cleveland Clinic,  Slip Opinion No. 2016-Ohio-8000. Oh my! Let me put it this way. Six justices agreed that the order compelling discovery … Continue reading

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

Court Improv’s Jurisdictional Question in Unfair Labor Practice Appeal. Greater Dayton Regional Transit Auth. v. State Emp. Relations Bd.

On November 2, 2016, by a vote of 5-2, the Supreme Court of Ohio dismissed as improvidently accepted Greater Dayton Regional Transit Auth. v. State Emp. Relations Bd., Slip Opinion No. 2016-Ohio-7559.  Chief Justice O’Connor and Justices Lanzinger, Pfeifer, … Continue reading

Posted in Civil Procedure, Ohio Supreme Court Watch, Uncategorized |

Merit Decision: Standing in Foreclosure Cases, Revisited. Deutsche Bank Natl. Trust Co. v. Holden.

On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in Deutsche Bank Natl. Trust Co. v. Holden, 2016-Ohio-4603. In a unanimous opinion written by Justice O’Donnell, in which Justice French concurred in judgment only, the … Continue reading

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

Merit Decision: How To Perfect an Appeal from a Decision of the Unemployment Compensation Review Commission. Pryor v. Dir., Ohio Dept. of Job & Family Servs.

On May 11, 2016, the Supreme Court of Ohio handed down a merit decision in Pryor v. Dir., Ohio Dept. of Job & Family Servs., Slip Opinion No. 2016-Ohio-2907. In a 5-2 opinion written by Justice French, the court … Continue reading

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What’s On Their Minds: Is an Order Compelling Production of Allegedly Privileged Information a Final Appealable Order? Darlene Burnham v. Cleveland Clinic, et al.

Update: On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“We have an incident report on the date, time, location and the witnesses who observed an … Continue reading

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

Oral Argument Preview: Is an Order Compelling Production of Allegedly Privileged Information a Final Appealable Order? Darlene Burnham v. Cleveland Clinic, et al.

Update: On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read an analysis of the oral argument here.

On May 4, 2016, the Supreme Court … Continue reading

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

What’s On Their Minds: How to Vest Jurisdiction in an Unemployment Compensation Appeal. Marcus H. Pryor II v. Director, Ohio Department of Job and Family Services.

Update: On May 11, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“Hasn’t the General Assembly created some confusion by saying the only requirement is to file a timely … Continue reading

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

What’s On Their Minds: Once Again, Standing in Foreclosure Cases. Note and Mortgage or Note or Mortgage at Time of Filing? Deutsche Bank National Trust Company as Trustee v. Glenn E. Holden et al.

Update: On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“Isn’t it a fact that the Bank does have an injury from the property taxes and insurance … Continue reading

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

Oral Argument Preview: Does Failure to Name All Interested Parties in the Notice of Appeal from an Unemployment Compensation Decision Divest the Trial Court of Subject Matter Jurisdiction? Marcus H. Pryor II v. Director, Ohio Department of Job and Family Services.

Update: On May 11, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

Read an analysis of the oral argument in this case here.

On January 27, 2016, the … Continue reading

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

Merit Decision: Foreclosure: Standing Required at Filing; Proof Allowed Later. Wells Fargo Bank, N.A. v. Horn.

On April 22, 2015, the Supreme Court of Ohio handed down a merit decision in Wells Fargo Bank, N.A. v. Horn,  2015-Ohio-1484. In a unanimous opinion written by Justice Kennedy, the court held that … Continue reading

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