Category Archives: Merit Decisions

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, Slip Opinion No. 2014-Ohio-2140. In a 6-1 decision written by Justice Lanzinger, the Court upheld the constitutionality of a Cleveland city … Continue reading

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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. Slip Opinion No. 2014-Ohio-1937.  In a 4-3 decision written by Justice O’Neill, for himself, Justices Pfeifer and Lanzinger, … Continue reading

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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. Slip Opinion No. 2014-Ohio-1913. I’m going to quote the headnote verbatim on what the Court held in … 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.

On March 26, 2014, the Supreme Court of Ohio handed down a merit decision in Daniel v. Daniel, Slip Opinion No. 2014-Ohio-1161. By a vote of 4-3, in an opinion written by Justice O’Neill, … 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

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Merit Decision: Court Makes Domestic Violence Convictions Easier. State v. McGlothan.

On January 16, 2014, the Supreme Court of Ohio issued a merit decision in State v. McGlothan,  2014-Ohio-85. In a 4-3 decision written by Justice O’Donnell, for himself, Chief Justice O’Connor, and Justices Pfeifer and Kennedy, the Court held … Continue reading

Posted in Evidence, Family Law, Merit Decisions, Ohio Supreme Court Watch |
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Guest Post on Freshwater v. Mt. Vernon City School Dist. Bd. of Edn. Context Matters, and the Court got it Wrong About Freshwater’s Personal Bible.

On  November 19, 2013, in a 4-3 decision, the Supreme Court of Ohio upheld the firing of 8th grade science teacher John Freshwater for “insubordination in refusing to remove religious displays in his classroom after being told to do … Continue reading

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