Category Archives: Student Contributors

Oral Argument Preview: What Does It Mean to “Willfully Abandon” a Mother During Her Pregnancy? In the Matter of: The Adoption of P.L.H.

Update: On July 18, 2017, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read an analysis of the oral argument here.

On June 21, 2017, the Supreme … Continue reading

Posted in Family Law, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged |

What’s On Their Minds: Is Section of Felonious Assault Statute Compelling Disclosure of HIV Status Unconstitutional? State of Ohio v. Orlando Batista.

“But presumably there is a partner here who was uninformed and deprived of the right to make that decision. Is that not sufficient consideration for the state under the rational basis test to impose this type of a statute?”

Chief … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged |

What’s On Their Minds: Do Activities of Licensees Affect the Exclusivity of Adverse Possession? Don Koprivec et al. v. Rails-to-Trails of Wayne County.

On May 16, 2017, the Supreme Court of Ohio heard oral argument in the case of Don Koprivec et al. v. Rails-to-Trails of Wayne County, 2016-0704. This case was accepted on jurisdictional appeal and cross-appeal. At issue on appeal … Continue reading

Posted in Ohio Supreme Court Watch, Property, Student Contributors, What's On Their Minds? | Tagged , , |

What’s On Their Minds: Properly Preserving An Off-The-Record Discussion For Appeal. State of Ohio v. Andrea Beasley.

“Can’t we infer that the court assented to what counsel said by virtue of silence on the part of the court?”

Justice O’Donnell, to the prosecutor

On May 16, 2017, the Supreme Court of Ohio heard oral argument in the … Continue reading

Posted in Ohio Supreme Court Watch, Student Contributors | Tagged , |

Wishing a Fond Farewell and My Thanks to my Graduating Student Contributors.

My two senior student contributors graduated from the University of Cincinnati College of Law on Saturday. Connie Kremer will again work this summer at Taft Stettinius and Hollister, and will join the firm as an associate after passing the … Continue reading

Posted in Student Contributors |

What’s On Their Minds: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.

Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted.  Read more about that here.

“I’m asking you for a theory, why is UC Physicians, the employer of all the doctors in … Continue reading

Posted in Civil Procedure, Ohio Supreme Court Watch, Student Contributors, Torts, What's On Their Minds? | Tagged , |

Oral Argument Preview: Do Activities of Licensee Utilities Affect the Exclusivity of Adverse Possession? Don Koprivec et al. v. Rails-to-Trails of Wayne County.

Read the analysis of the oral argument here.

On May 16, 2017, the Supreme Court of Ohio will hear oral argument in the case of Don Koprivec et al. v. Rails-to-Trails of Wayne County, 2016-0704. This case … Continue reading

Posted in Ohio Supreme Court Watch, Oral Argument Preview, Property, Student Contributors | Tagged , |

Oral Argument Preview: Is Section of Felonious Assault Statute Singling Out Sexual Conduct of HIV Positive Persons Unconstitutional? State of Ohio v. Orlando Batista.

Read the analysis of the argument here

On May 17, 2017, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Orlando Batista, 2016-0903. At issue in the case is whether R.C. 2903.11(B)(1) violates the Equal … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , |

Oral Argument Preview: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.

Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted.  Read more about that here.

Read the analysis of the oral argument here.

On May 3, 2017, the Supreme Court of … Continue reading

Posted in Agency, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors, Torts | Tagged , |

What’s On Their Minds: Does Ohio’s Dram Shop Act Preclude All Traditional Common-Law Negligence Claims Against a Liquor Permit-Holder? Nichole Johnson v. Mary E. Montgomery et al.

“I’m a former bartender from Athens. So let me just suggest to you that if the alcohol comes off the shelf and goes into the glass, and goes into the mouth of the dancer, and the money goes into my … Continue reading

Posted in Ohio Supreme Court Watch, Student Contributors, Torts, What's On Their Minds? | Tagged , , |