Category Archives: Civil Procedure

Merit Decision: Abortion Clinic Lacks Standing to Make Single-Subject Challenge to State Budget Bill for Inclusion of Abortion Provisions. Preterm-Cleveland, Inc. v. Kasich.

“The Supreme Court of the United States has stated standing “’is not dispensed in gross.’”

Justice O’Donnell, majority opinion.

On February 6, 2018, the Supreme Court of Ohio handed down a merit decision in Preterm-Cleveland, Inc. v. Kasich,  Slip … Continue reading

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

Merit Decision: Court Ok’s License Revocation of Toledo Abortion Clinic. Capital Care Network of Toledo v. Dept. of Health.

Update: On February 12, 2018, at a special meeting, the Board of Trustees of ProMedica Toledo Hospital authorized ProMedica to enter into a written transfer agreement with Capital Care Network.

On February 6, 2018, the Supreme Court of Ohio handed … Continue reading

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

Supreme Court of Ohio Releases Two Abortion Decisions; Rules Against Two Abortion Clinics.

The Supreme Court of Ohio released two decisions today, February 6, 2018, ruling against two separate abortion clinics, one for lack of standing, the other for failing to follow a rule requiring a written hospital transfer agreement. The blog will … Continue reading

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

What’s On Their Minds: Further Defining the Tort of Spoliation of Evidence. Kristin Elliott-Thomas v. David Kane Smith, et al.

“…so why didn’t you file a motion to compel or some sort of activity to bring it to the court’s attention that they were not cooperating with discovery the way they should…?”

Chief Justice O’Connor, to plaintiff’s counsel.

On January … Continue reading

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

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 , |

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.

Update: On February 6, 2018, the Supreme Court of Ohio handed down a merit decision in this case.  Read an analysis here.

On September 26, 2017, the Supreme Court of Ohio heard oral argument in Preterm-Cleveland, Inc. … 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.

Update: On February 6, 2018, the Supreme Court of Ohio handed down a merit decision in this case.  Read an analysis here.

Read the analysis of the oral argument here.

On September 26, 2017, the Supreme … 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 , |