Category Archives: Merit Decisions

Merit Decision: Suit against Landlord Sounds in Tort, Not Contract. Punitive Damages Cap Applies. Sivit v. Village Green of Beachwood, L.P.

On April 2, 2015, the Supreme Court of Ohio handed down a merit decision in Sivit v. Village Green of Beachwood, L.P., Slip Opinion No. 2015-Ohio-1193. In a unanimous opinion written by Justice Paul Pfeifer, the court held that … Continue reading

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Merit Decision: For Those Who Still Believe There is Such a Thing as an Employer Intentional Tort, Speak Now or Forever Hold Your Peace. Hoyle v. DTJ Ents., Inc.

On March 12, 2015, the Supreme Court of Ohio handed down a merit decision in Hoyle v. DTJ Ents., Inc., Slip Opinion No. 2015-Ohio-843. In a 5-2 decision written by Justice French, in which Justices Lanzinger and Kennedy concurred … Continue reading

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Merit Decision: Totality of the Circumstances Governs in Trash Pull Case. State v. Jones.

On February 12, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Jones, Slip Opinion No. 2015-Ohio-483. In a unanimous opinion written by Justice Lanzinger, the court held that the proper standard to determine … Continue reading

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Merit Decision: Sealing/Unsealing Records of Conviction Strictly Governed by Statute. State v. Vanzandt

On January 28, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Vanzandt, Slip Opinion No. 2015-Ohio-236. In a 5-2 opinion written by Chief Justice O’Connor, the court held that a record of conviction … Continue reading

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Merit Decision: Foreseeability Jury instruction in Medical Negligence Case Superfluous but not Materially Prejudicial. Cromer v. Children’s Hosp. Med. Ctr. of Akron.

On January 27, 2015, the Supreme Court of Ohio handed down a merit decision in Cromer v. Children’s Hosp. Med. Ctr. of Akron, Slip Opinion No. 2015-Ohio-229. In a fractured opinion written by Chief Justice O’Connor, in which Justices … Continue reading

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Merit Decision. Court Nixes Psychologist’s Testimony. State v. Harris.

On January 22, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Harris, Slip Opinion No. 2015-Ohio-166.  In a unanimous opinion written by Justice Kennedy, in which Justice French wrote a short separate concurrence, … Continue reading

Posted in Criminal Law and Procedure, Evidence, Merit Decisions | Tagged , |

Merit Decision. Court Continues to Dismantle the Employer Intentional Tort. Pixley v. Pro-Pak Industries, Inc.

On December 18, 2014, the Supreme Court of Ohio handed down a merit decision in Pixley v. Pro-Pak Industries, Inc., Slip Opinion No. 2014-Ohio-5460. There were two issues in this employer intentional tort case–whether the definition of equipment safety … Continue reading

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Merit Decision: Counsel Prejudicially Ineffective in Mitigation Phase in Death Penalty Case. State v. Herring.

On December 3, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Herring, Slip Opinion No. 2014-Ohio-5228. In a 4-3 opinion written by Justice Paul Pfeifer, the court granted Herring’s petition for post-conviction relief … Continue reading

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Merit Decision. Court Again Applies Good-Faith Exception, This Time to Avoid Suppression of Evidence From Warrantless GPS Search. State v. Johnson

On November 13, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Johnson, 2014-Ohio-5021. In a unanimous opinion written by Justice Terrence O’Donnell, in which Justices Paul Pfeifer and Judy Lanzinger concurred in judgment … Continue reading

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Merit Decision: Court Disapproves Arrest Warrants Issued Without A Probable Cause Determination, But Denies Exclusion of Evidence as Remedy. State v. Hoffman

On November 4, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Hoffman, 2014-Ohio-4795. In a 6-1 opinion written by Justice Judy Lanzinger, in which Justice Terrence O’Donnell wrote a short separate concurrence and … Continue reading

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