Category Archives: Merit Decisions

Merit Decision: Condition Precedent Language in a Contract Means Pay-if-Paid. Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp.

On July 17, 2014, the Supreme Court of Ohio handed down a merit decision in Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp., Slip Opinion No. 2014-Ohio-3095. In a 5-2 opinion authored by Justice Kennedy, the Court held that … Continue reading

Posted in Contracts, Merit Decisions, Ohio Supreme Court Watch |
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Update on State v. Clark: U.S. Supreme Court Bound?

On October 30, 2013, the Supreme Court of Ohio handed down a merit decision in State v. Clark, 2013-Ohio-4731. In a 4-3 decision written by Justice O’Donnell, for himself and Justices Pfeifer, Kennedy and O’Neill, the Court held that … Continue reading

Posted in Constitutional Law, Evidence, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision: Court May Exclude Child From Disputed Custody Modification Proceeding. In re A.G.

On June 19, 2014 the Supreme Court of Ohio handed down a merit decision in In re A.G., Slip Opinion No. 2014-Ohio-2597. In a 5-2 opinion authored by Chief Justice O’Connor, the Court held that in ongoing child-custody litigation … Continue reading

Posted in Constitutional Law, Family Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision: Court Upholds Constitutionality of City Curfew on Cleveland’s Public Square. Cleveland v. McCardle

On May 28, 2014, the Supreme Court of Ohio handed down a merit decision in Cleveland v. McCardle, 2014-Ohio-2140. In a 6-1 decision written by Justice Lanzinger, the Court upheld the constitutionality of a Cleveland city ordinance which established … Continue reading

Posted in Constitutional Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision: The Interplay between Statutes of Limitations and Statutes of Repose in Claims Accrued Before Enactment of Statutes of Repose. Oaktree Condominium Assn., Inc. v. Hallmark Bldg. Co.

On May 14, 2014 the Supreme Court handed down a merit decision in Oaktree Condominium Assn., Inc. v. Hallmark Bldg. Co. 2014-Ohio-1937. In a 4-3 decision written by Justice O’Neill, for himself, Justices Pfeifer and Lanzinger, and Chief Justice … Continue reading

Posted in Constitutional Law, Merit Decisions, Ohio Supreme Court Watch, Torts |
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Merit Decision: Much Ado About Very Little in a Medical Malpractice Case. Hayward v. Summa Health Sys./Akron City Hosp.

On May 8, 2014, the Supreme Court of Ohio handed down a merit decision in Hayward v. Summa Health Sys./Akron City Hosp., 2014-Ohio-1913. I’m going to quote the headnote verbatim on what the Court held in this 6-1 decision … Continue reading

Posted in Civil Procedure, Merit Decisions, Ohio Supreme Court Watch, Torts |
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Merit Decision: Unvested Military Retirement Benefits Are Marital Property Subject to Division in a Divorce. Daniel v. Daniel.

Read what happened when this case was remanded here.

On March 26, 2014, the Supreme Court of Ohio handed down a merit decision in Daniel v. Daniel,  2014-Ohio-1161. By a vote of 4-3, … Continue reading

Posted in Family Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision: Youth of Juvenile Homicide Offender Must be Considered when Imposing Life Without Parole. State v. Long.

On March 12, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Long, 2014-Ohio-849. While the justices unanimously agreed that a trial court must consider youth as a mitigating factor in imposing a sentence … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision: Court Nixes Personal Jurisdiction by Imputation to Insured of Conduct of Insurance Company. Fraley v. Estate of Oeding

On February 12, 2014, the Supreme Court handed down a merit decision in Fraley v. Estate of Oeding, Slip Opinion No. 2014-Ohio-452.  In a 5-2 decision written by Justice French, the Court held that … Continue reading

Posted in Agency, Civil Procedure, Insurance Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision. Landlord Owes Duty to Tenant’s Guest to Keep Common Area Safe. Mann v. Northgate Investors, L.L.C.

On February 12, 2014 the Supreme Court of Ohio handed down a merit decision in Mann v. Northgate Investors, L.L.C.,2014-Ohio-455. In a unanimous decision written by Justice Pfeifer, the Court held that a landlord owes a statutory duty to … Continue reading

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