Category Archives: Civil Procedure

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.

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 is whether a trial court can sua sponte appoint … Continue reading

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

What Happened on Remand: End of the Road for the Cromer Family in Akron Medical Malpractice Case. Cromer v. Children’s Hosp. Med. Ctr. of Akron.

Case Background

Seth Cromer died at the age of five while a patient at the Children’s Hospital Medical Center of Akron. Seth’s parents brought him to the emergency room of the hospital on the evening of January 13, 2007 with … Continue reading

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

What’s On Their Minds: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.

On September 26, 2017, the Supreme Court of Ohio heard oral argument in Preterm-Cleveland, Inc. v. Governor John R. Kasich et al, 2016-1252. The issue in this case is whether Preterm-Cleveland Inc. has standing to challenge the constitutionality of … Continue reading

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

Oral Argument Preview: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.

Read the analysis of the oral argument here.

On September 26, 2017, the Supreme Court of Ohio will hear oral argument in Preterm-Cleveland, Inc. v. Governor John R. Kasich et al, 2016-1252. The issue in this case … Continue reading

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

What’s On Their Minds: 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.

Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted.  Read more about that here.

“I’m asking you for a theory, why is UC Physicians, the employer of all the doctors in … Continue reading

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

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 , |

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.

Update: read what happened on remand in this case here.

On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Burnham v. Cleveland Clinic, Slip Opinion  2016-Ohio-8000.  Oh my! Let me put it this way. … Continue reading

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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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