Category Archives: What’s On Their Minds?

What’s On Their Minds: Is an Order Compelling Production of Allegedly Privileged Information a Final Appealable Order? Darlene Burnham v. Cleveland Clinic, et al.

“We have an incident report on the date, time, location and the witnesses who observed an alleged slip and fall. What’s privileged about that… How would we prevent all discovery from getting locked up in a ‘privileged’ category?” Justice O’Donnell, … Continue reading

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

What’s On Their Minds: Constitutionality of the Mandatory Juvenile Transfer Statutes. State of Ohio v. Matthew Aalim

“Even though as you said the legislature sets the rules, the court can say your rules are too extreme. And we can do that here.” Chief Justice O’Connor, to the Chief Deputy Solicitor.

“Don’t states have the right to determine … 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: Does R.C. 2307.60 Independently Authorize a Civil Action for Criminal Acts? Jessica Jacobson v. Ellen Kaforey et al.

“Would you say that any criminal act gives rise to civil recovery?” Chief Justice O’Connor, to plaintiff’s counsel.

On April 19, 2016, the Supreme Court of Ohio heard oral argument in the case of Jessica Jacobson v. Ellen Kaforey … Continue reading

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

What’s On Their Minds? The Application of the Medical Malpractice Statute of Repose to Vested Claims. David Antoon et al. v. Cleveland Clinic Foundation et al.

On April 5, 2016, the Supreme Court of Ohio heard oral argument in the case of David Antoon et al. v. Cleveland Clinic Foundation et al., 2015-0467. At issue in the case is whether the statute of repose for … Continue reading

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

What’s On Their Minds: Police Officer Liability in Hot Pursuit Accidents. Pamela Argabrite v. Jim Neer et al.

“Aren’t you really asking this court to adopt an “extreme and outrageous” proximate cause standard which would be in conflict with the immunity statutes set forth by the General Assembly?” Justice O’Donnell, to counsel for Deputy Chief DiPietro.

On February … Continue reading

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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.

Update: On May 11, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“Hasn’t the General Assembly created some confusion by saying the only requirement is to file a timely … 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 , |