Category Archives: Civil Procedure

Oral Argument Preview: 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 will hear 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 … Continue reading

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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

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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 No. 2016-Ohio-8000. Oh my! Let me put … 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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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

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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

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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

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