Category Archives: Merit Decisions

Merit Decision: Insurer Has Duty to Defend Emotional Distress Claim Resulting From Case of Housing Discrimination. Granger v. Auto Owners Ins.

On August 18, 2015, the Supreme Court of Ohio handed down a merit decision in Granger v. Auto-Owners Ins., Slip Opinion No. 2015-Ohio-3279. In a 5-2 opinion written by Justice Pfeifer, the court held that under the umbrella insurance … Continue reading

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

Court Dismisses As Improvidently Accepted Property-Division Dispute Over Oil and Gas Signing Bonus. Kuhn v. Kuhn.

On July 14, 2015, by a vote of 5-2, the Supreme Court of Ohio sua sponte dismissed as improvidently accepted Kuhn v. Kuhn, Slip Opinion No. 2015-Ohio-2806.  The issue in the case was whether a signing bonus for oil … Continue reading

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

Guest Post: Trial Court Cannot Impose Prison Term and a No-Contact Order For the Same Felony Offense. State v. Anderson.

Kenyatta Mickles, my colleague at the University of Cincinnati College of Law, and Director of our Domestic Violence Civil Protection Order Clinic, has authored this guest post on the recent Supreme Court of Ohio decision in State v. … Continue reading

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

Merit Decision: Court Finds State Constitutional Violation For Extraterritorial Traffic Stop. State v. Brown.

On June 23, 2015, the Supreme Court of Ohio issued a merit decision in State v. Brown, Slip Opinion No. 2015-Ohio-2438. In a 5-2 opinion written by Justice O’Donnell, for himself, Chief Justice O’Connor, and Justices Pfeifer, Lanzinger, and … Continue reading

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

Merit Decision. Long and Complicated Explanation of Why Search Warrant was Invalid and Suppression Required. State v. Castagnola .

On April 28, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Castagnola, Slip Opinion No. 2015-Ohio-1565.  In a 4-3 opinion written by Justice Kennedy, for herself and Justices Pfeifer, O’Neill, and O’Donnell, the … Continue reading

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

Merit Decision: Foreclosure: Standing Required at Filing; Proof Allowed Later. Wells Fargo Bank, N.A. v. Horn.

On April 22, 2015, the Supreme Court of Ohio handed down a merit decision in Wells Fargo Bank, N.A. v. Horn, Wells Fargo Bank, N.A. v. Horn, 2015-Ohio-1484. In a unanimous opinion written by … Continue reading

Posted in Civil Procedure, Merit Decisions, Ohio Supreme Court Watch | Tagged , , |

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

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

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

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

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

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

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, 2015-Ohio-236. In a 5-2 opinion written by Chief Justice O’Connor, the court held that a record of conviction judicially sealed pursuant … Continue reading

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