Category Archives: Ohio Supreme Court Watch

Merit Decision Guest Post: Court Upholds Application of Ohio’s Commercial Activity Tax. Crutchfield Corp. v. Testa.

Tax is totally not my field. But recognizing the significance of the decision in Crutchfield Corp. v. Testa, I asked my University of Cincinnati College of Law tax colleague Professor Stephanie Hunter McMahon to analyze the decision in the … Continue reading

Posted in Guest Posts, Merit Decisions, Ohio Supreme Court Watch |

Cincinnati Sends Two New Justices to the Supreme Court of Ohio: A Historical Perspective

Supreme Court justices are elected statewide in Ohio. Cincinnati, my hometown, hasn’t sent many justices to the Ohio high court in recent years, and now we are sending two. In the election for the two open seats being vacated by … Continue reading

Posted in Commentary, Ohio Supreme Court Watch |

Merit Decision: Noncitizen Must be Advised of Immigration Consequences of an Admission of Guilt Required for Entry into a Pretrial Diversion Program. State v. Kona.

Update: Issa Kona’s lawyer, Joe Burke, reports that on the day the decision came out, the prosecutor called to tell him the case against Kona would now be dismissed.

On November 21, 2016, the Supreme Court of Ohio handed … Continue reading

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

Supreme Court of Ohio Loses Its Female Majority.

There were three seats on the Supreme Court of Ohio up for grabs in Tuesday’s election. Justices Judy Lanzinger and Paul Pfeifer could not run again because of age, so those were open seats. Chief Justice Maureen O’Connor had no … Continue reading

Posted in Commentary, Ohio Supreme Court Watch |

Merit Decision: Court Nixes Tort of Negligent Misidentification. Foley v. Univ. of Dayton.

“Public policy…encourages all citizens to report crime and to come forward to aid law-enforcement officers during the investigation of those crimes. The tort of negligent misidentification would have a chilling effect on that public policy.”

Justice Sharon Kennedy.

On November … Continue reading

Posted in Merit Decisions, Ohio Supreme Court Watch, Torts | 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 |

What Happened on Remand: Court of Appeals Grants New Trial in Medical Malpractice Case. Cromer v. Children’s Hospital Med. Ctr. Of Akron.

There just must be something about this case. It was pending in the Supreme Court of Ohio for over a year before it was decided.  When it was reversed and remanded, it was pending in the appeals court for over … Continue reading

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

Merit Decision: Medical Malpractice Statute of Repose is Constitutional and Applies to Both Vested and Nonvested Claims. Antoon v. Cleveland Clinic Found.

“Therefore, this court and the United States Supreme Court agree that statutes of repose are to be read as enacted and not with an intent to circumvent legislatively imposed time limits.”

Chief Justice Maureen O’Connor

“This case moves us one … Continue reading

Posted in Merit Decisions, Ohio Supreme Court Watch, Torts | Tagged , , |

What Happened on Remand: Appeals Court Cuts No Slack to Tyshawn Barker.

Case Background

Then 15 year old Tyshawn Barker was taken into custody by police near midnight for questioning in regard to two fatal shootings. Another suspect had implicated Barker in those crimes during questioning earlier in the evening.

The police … Continue reading

Posted in Ohio Supreme Court Watch | Tagged , , |

Ohio High Court Slow With Release of Merit Decisions in Remaining Submitted Cases.

When the Supreme Court of Ohio stopped hearing new cases on August 31, 2016, the blog published this list of submitted cases it has previewed and analyzed. All of these must be decided before Justices Lanzinger and Pfeifer retire at … Continue reading

Posted in Ohio Supreme Court Watch |