Category Archives: What’s On Their Minds?

What’s On Their Minds: Can a Court Sua Sponte Appoint a Guardian Ad Litem for an Adult in a Divorce Case Without a Hearing? Charles W. Thomasson v. Carol J. Thomasson.

“But you just keep telling me why it’s (the trial court decision’s) wrong—tell me why it’s a final order?”

Justice DeWine, to Carol Thomasson’s counsel

“Does the appointment of the GAL preclude your representation of your client?”

Justice O’Donnell, to … Continue reading

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

What’s On Their Minds: Court Tackles Substantial Factor Causation in Asbestos Exposure Case. Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al.

“Given the current status of the science in this area is it ever possible to say what is or isn’t a significant factor… Is it just that the science is different from what the statute is requiring?”

Justice French

On … Continue reading

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

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).

Update: On January 4, 2018, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“Is that the rule you want from this court—if you don’t show up you are deemed … 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

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

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

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

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

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

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

Update: On October 26, 2017, the Supreme Court handed down a merit decision in this case.  Read the analysis here.

“But presumably there is a partner here who was uninformed and deprived of the right to make that … 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.

Update: On January 4, 2018, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“Can’t we infer that the court assented to what counsel said by virtue of silence on … Continue reading

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