Category Archives: What’s On Their Minds?

What’s On Their Minds: Protected Health Information or Public Record? Board of Health of Cuyahoga County v. Lipson O’Shea Legal Group.

“So your position is get out of our lives? We don’t have to deal with you and we don’t have to disclose anything?” Justice Pfeifer to the lawyer for the Board of Health.

On May 19, 2015, the Supreme Court … Continue reading

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

What’s On Their Minds: Are Oil and Gas Rights Marital or Separate Property In A Divorce? James P. Kuhn v. Kelly L. Kuhn n/k/a Cottle.

On May 5, 2015, the Supreme Court of Ohio heard oral argument in the case of James P. Kuhn v. Kelly L. Kuhn n/k/a Cottle, 2014-0601.  At issue in this case is whether a signing bonus for oil and … Continue reading

Posted in Family Law, Property, What's On Their Minds? | Tagged , , |

What’s On Their Minds: Liability of a School Bus Driver for Child Injured While Crossing the Street After the Bus Has Driven Away. Amber Sallee (A Minor) v. Stephanie Watts, et al.

“Assuring that the child crosses the roadway to the residence side is, in your view, the operation of a motor vehicle?” Justice O’Donnell to Amber Sallee’s counsel.

On March 25, 2015, the Supreme Court of Ohio heard argument in the … Continue reading

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

What’s On Their Minds: Do Mandatory Sex Offender Classifications Constitute Cruel and Unusual Punishment? State of Ohio v. Travis Blankenship.

“What is wrong with affording a hearing instead of a cookie-cutter one size fits all? Allowing the defendant to come in and individualize it?” Justice Paul Pfeifer, to the prosecutor.

On March 10, 2015, the Supreme Court of Ohio heard … Continue reading

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

What’s On Their Minds: Right to a Public Hearing and Public Deliberations. Adam Stewart vs. Board of Education of Lockland School District.

On March 10, 2015, the Supreme Court of Ohio heard oral argument in the case of Adam Stewart v. Board of Education of Lockland School District, 2014-0164. At issue in this case is whether a for-cause public employee can … Continue reading

Posted in Constitutional Law, Employment Law, Student Contributors, What's On Their Minds? | Tagged , , , |

What’s On Their Minds: Standing in Foreclosure Cases, Again. Note and Mortgage or Note or Mortgage at Time of Filing? SRMOF 2009-1 Trust v. Shari Lewis et al.

Update: on April 22, 2015, the court unanimously dismissed this case as improvidently certified.

“Aren’t there rights of a mortgage holder to enforce a foreclosure independent of the note? We don’t want to recognize some new field of law … Continue reading

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

What’s On Their Minds: Auto Repair Estimates: Using the Consumer Sales Practices Act Improperly to Regulate Insurers or Properly to Protect Consumers? Jerry Dillon, et al. v. Farmers Insurance of Columbus, Inc.

On February 24, 2015, the Supreme Court of Ohio heard oral argument in the case of Jerry Dillon, et al. v. Farmers Insurance of Columbus, Inc., 2014-0451. At issue in this case is whether R.C. 1345.81 of the Consumer … Continue reading

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

What’s On Their Minds: Sentencing a Juvenile Non-Homicide Offender. State of Ohio v. Brandon Moore.

“This was a sentence designed to keep the juvenile in custody for his natural life.  The question is, does Graham prohibit that under these circumstances?” Justice Judy Lanzinger.

On February 4, 2015 the Supreme Court of Ohio heard oral argument … Continue reading

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

What’s on their Minds: The Ohio Constitution and Remediless Statutory Violations. State v. Terrence Brown.

“So now we have a constitution that is not self-executing, and we have a statute which is not self-executing, and we’re the Supreme Court and everybody is throwing their hands in the air saying what’s to be done, and your … 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: Pleading Requirements in Foreclosure Cases. To Attach or to Allege, that is the Question. Wells Fargo Bank, N.A. v. Brian T. Horn, et al.

Update: On April 22, 2015, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

On January 14, 2015, the Supreme Court of Ohio heard oral argument in the case of Continue reading

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