Category Archives: Merit Decisions

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 |
Tagged , ,

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 |
Tagged , ,

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., Slip Opinion No. 2014-Ohio-3636. In a 4-3 opinion written by Justice French, the Court held that a political subdivision … Continue reading

Posted in Agency, Employment Law, Merit Decisions, Ohio Supreme Court Watch |
Tagged , ,

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, Slip Opinion No. 2014-Ohio-3632. In a 5-2 opinion written by Justice French, the Court held that the question of the vicarious … Continue reading

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

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 |
Tagged , , ,

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 |
Tagged , ,

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., 2014-Ohio-2597. In a 5-2 opinion authored by Chief Justice O’Connor, the Court held that in ongoing child-custody litigation arising from a … Continue reading

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

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 |
Tagged , ,

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 |
Tagged ,

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 |
Tagged , ,