Category Archives: Merit Decisions

Merit Decision. Court “Writs” Its Way Out of Deciding If a Worker Can Sue a Co-Worker for a Workplace Intentional Tort. State ex. rel. Yeaples v. Gall

On October 28, 2014, the Supreme Court of Ohio handed down a merit decision in State ex rel. Yeaples v. Gall, Slip Opinion No. 2014-Ohio-4724. In a 6-1 opinion written by Chief Justice O’Connor, in which Justice Pfeifer concurred … Continue reading

Posted in Civil Procedure, Employment Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision. Visiting Nurse Still Traveling Toward A Resolution of Her Right to Benefits. Friebel v. Visiting Nurse Assn. of Mid-Ohio.

On October 21, 2014, the Supreme Court of Ohio handed down a merit decision in Friebel v. Visiting Nurse Assn. of Mid-Ohio, Slip Opinion No. 2014-Ohio-4531. In a 5-2 decision written by Chief Justice Maureen O’Connor, in which Justice … Continue reading

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Merit Decision: Home Is More Than Just Where the Heart Is (The Rest of the Person Must Be There, Too) Schill v. Cincinnati Ins. Co.

On October 14, 2014, the Supreme Court of Ohio handed down a merit decision in Schill v. Cincinnati Ins. Co., Slip Opinion No. 2014-Ohio-4527. At issue in the case was the availability of umbrella coverage from an insurance policy in a … Continue reading

Posted in Insurance Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision: Standing and Subject Matter Jurisdiction. A Field Day for Civil Procedure Geeks. Bank of Am., N.A. v. Kuchta

On October 8, 2014, the Supreme Court of Ohio handed down a merit decision in Bank of Am., N.A. v. Kuchta, Slip Opinion No. 2014-Ohio-4275. In a 5-2 opinion written by Chief Justice O’Connor, for herself and Justices Lanzinger, … Continue reading

Posted in Civil Procedure, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision. Failure to Raise Constitutional Challenges Below Proves Fatal. State v. Quarterman.

On September 23, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Quarterman, Slip Opinion No. 2014-Ohio-4034. The defendant in this case raised a constitutional challenge to Ohio’s mandatory bind-over statutes. In a unanimous … Continue reading

Posted in Constitutional Law, Juvenile Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision. Former Cedar Fair COO Does Not Get His Job Back. Cedar Fair, L.P. v. Falfas

On September 18, 2014, the Supreme Court of Ohio handed down a merit decision in Cedar Fair, L.P. v. Falfas Slip Opinion No. 2014-Ohio-3943. In a unanimous opinion written by Justice Bill O’Neill, the Court held that an arbitration … Continue reading

Posted in Contracts, Employment Law, Merit Decisions |
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Merit Decision: Political Subdivision Supervisor Has Immunity for Employment Discrimination Claim. Hauser v. Dayton Police Dep’t.

On August 28, 2014, the Supreme Court of Ohio handed down a merit decision in Hauser v. Dayton Police Dept.,2014-Ohio-3636. In a 4-3 opinion written by Justice French, the Court held that a political subdivision supervisory employee is immune … Continue reading

Posted in Agency, Employment Law, Merit Decisions, Ohio Supreme Court Watch |
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Merit Decision. Responsibility of Realtor for Agent’s Fraud is Question of Fact, not Law. Auer v. Paliath.

On August 28, 2014, the Supreme Court of Ohio handed down a merit decision in Auer v. Paliath, 2014-Ohio-3632. In a 5-2 opinion written by Justice French, the Court held that the question of the vicarious liability of a real … Continue reading

Posted in Agency, Merit Decisions, Ohio Supreme Court Watch |
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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.,2014-Ohio-3095. In a 5-2 opinion authored by Justice Kennedy, the Court held that a contract for work … 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 2, 2014, the U.S. Supreme Court granted cert. in Ohio v. Clark. 13-1352.

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 … Continue reading

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