Category Archives: What’s On Their Minds?

What’s On Their Minds: How to Vest Jurisdiction in an Unemployment Compensation Appeal. Marcus H. Pryor II v. Director, Ohio Department of Job and Family Services.

“Hasn’t the General Assembly created some confusion by saying the only requirement is to file a timely notice of appeal to vest jurisdiction in the court?” Justice O’Donnell to counsel for the Director

On January 27, 2016, the Supreme Court … Continue reading

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

What’s On Their Minds: Once Again, Standing in Foreclosure Cases. Note and Mortgage or Note or Mortgage at Time of Filing? Deutsche Bank National Trust Company as Trustee v. Glenn E. Holden et al.

“Isn’t it a fact that the Bank does have an injury from the property taxes and insurance that they advanced under the mortgage alone?” Justice O’Neill, to counsel for the homeowners.

On January 27, 2016, the Supreme Court of Ohio … Continue reading

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

What’s On Their Minds: Interpreting Ohio’s Good Samaritan Statute. Dennis Carter v. Larry Reese, Jr., et al.

“No good deed goes unpunished.” (Attributed by some to Clair Booth Luce, by others to Oscar Wilde)

On January 5, 2016, the Supreme Court of Ohio heard oral argument in the case of Dennis Carter v. Larry Reese, Jr., … Continue reading

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

What’s On Their Minds: Post-Marketing Duty to Warn? Ross J. Linert et al. v Adrien Foutz, et al.

On January 5, 2016, the Supreme Court of Ohio heard oral argument in the case of Ross J. Linert et al. v Adrien Foutz, et al., 14-1940. At issue is whether a manufacturer has a duty to warn purchasers … Continue reading

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

What’s On Their Minds: Is the Statutory Cap on Non-Economic Damages Unconstitutional As Applied to a Minor Sex Abuse Victim? Simpkins v. Grace Brethren Church of Delaware, Ohio

“But Arbino has already gone through the rational basis test and has said this statute is constitutional as to everyone,” Justice O’Donnell, to plaintiffs’ counsel.

On December 15, 2015, the Supreme Court of Ohio heard oral argument in the case … Continue reading

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

What’s On Their Minds: Can a Prior Juvenile Adjudication Be Used to Enhance an Adult Sentence? State of Ohio v. Adrian Hand, Jr.

“An adjudication is not the same as a conviction, and you want to now transform it from an adjudication to a conviction for this purpose?” Chief Justice O’Connor, to the prosecutor.

On December 1, 2015 the Supreme Court of Ohio … Continue reading

Posted in Constitutional Law, Juvenile Law, Ohio Supreme Court Watch, What's On Their Minds? | Tagged , , |

What’s on Their Minds: Recreational User Immunity for Injury from Flying Rock? Combs v. Ohio Department of Natural Resources, Division of Parks & Recreation.

“What would be an example of an injury that occurs in a state park by a visitor to the state park that would be compensable?” Justice Pfeifer to the Chief Deputy Solicitor

On November 17, 2015, the Supreme Court of … Continue reading

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What’s On Their Minds: Voluntariness of a Juvenile Confession. State of Ohio v. Tyshawn Barker.

“Where in this record can I look at this mentally challenged 15 year old who said, yeah I talked to a lawyer but I don’t know what a lawyer is. Where do I know that he has intelligently waived his … Continue reading

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

What’s On Their Minds: Can Punitive Damages Be Assessed Against a Deceased Tortfeasor’s Estate? Christine Marie Whetstone v. Erin K. Binner, Administrator of the Estate of Roxanne McClellan, Deceased.

“So your view is that by awarding punitive damages against the estate we will generally tell all similarly situated potential child abusers, that your estate might be affected by what’s happening?” Justice O’Donnell, to counsel for Whetstone.

On October 28, … Continue reading

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

What’s On Their Minds: The Effect of Reckless Conduct on a Contractual Limitation of Liability Clause. American Municipal Power, Inc. v. Bechtel Power Corporation.

On October 27, 2015, the Supreme Court of Ohio heard oral argument in the case of American Municipal Power, Inc. v. Bechtel Power Corporation, 14-1847. In this breach of contract action, the court agreed to answer this certified question … Continue reading

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