Category Archives: What’s On Their Minds?

What’s On Their Minds: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.

On September 26, 2017, the Supreme Court of Ohio heard oral argument in Preterm-Cleveland, Inc. v. Governor John R. Kasich et al, 2016-1252. The issue in this case is whether Preterm-Cleveland Inc. has standing to challenge the constitutionality of … Continue reading

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

What’s On Their Minds: Mother’s Right to Counsel at Permanent Custody Hearing. In re: R.K. (A.S., Appellant).

“Is that the rule you want from this court—if you don’t show up you are deemed to have waived counsel in the most important court proceeding in your life?”

Justice O’Neill, to the Children’s Services Lawyer

On September 13, 2017, … Continue reading

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

What’s On Their Minds: When Should the Statute of Limitations on Insurance Agent Negligence Claims Begin to Run? LGR Realty, Inc. v. Frank and London Insurance Agency.

“My problem is, I’m still trying to figure out what damage did LGR have before their insurance company refused to defend them?”

Justice O’Neill

On September 12, 2017, the Supreme Court of Ohio heard oral argument in the case of … Continue reading

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What’s On Their Minds: Will N.W. Ohio’s Last Abortion Clinic Remain Open? Capital Care Network of Toledo v. State of Ohio Department of Health.

On September 12, 2017, the Supreme Court of Ohio heard oral argument in the case of Capital Care Network of Toledo v. State of Ohio Department of Health (2016-1348). At issue in this case is the permissibility of requiring … Continue reading

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What’s On Their Minds: 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.

“Are you asking this court, therefore, to give the mother’s vote in this family matter more … Continue reading

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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: 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 , |

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.

Update: On September 6, 2017 the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“I’m a former bartender from Athens. So let me just suggest to you that if the alcohol … Continue reading

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

What’s On Their Minds: Validity of the Search of an Arrestee’s Purse. State of Ohio v. Jamie Banks-Harvey.

“Our concern isn’t the overriding purpose of the policy, our concern is the overriding purpose of the Constitution…”

Justice French

On April 6, 2017, the Supreme Court of Ohio heard oral argument in the case of State of Ohio … Continue reading

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