Category Archives: Torts

Oral Argument Preview: Satisfying the Clarity Element of a Wrongful Termination Claim. McGowan v. Medpace.

Read the analysis of the oral argument here.

On February 8, 2017, the Supreme Court of Ohio will hear oral argument in the case of McGowan v. Medpace Inc., 2015-1756. At issue in the case is what is … Continue reading

Posted in Labor and Employment Law, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors, Torts | Tagged , |

Merit Decision: No Post-Market Duty to Warn in Products Case. Linert v. Foutz

On December 29, 2016, the Supreme Court of Ohio handed down a merit decision in Linert v. Foutz, Slip Opinion No. 2016-Ohio-8445. In a 5-2 opinion written by Chief Justice O’Connor, the court held the trial judge in this … Continue reading

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Merit Decision: R.C. 2307.60 Independently Authorizes Civil Action For Damages Caused By Criminal Acts. Jacobson v. Kaforey.

“These legislative statements are crystal clear. We need not dig further into the meaning of the statute than the language that was signed into law.”

Justice O’Neill, majority opinion.

On December 28, 2016, the Supreme Court of Ohio handed down … Continue reading

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Merit Decision: No Police Liability for Injuries to Innocent Bystander During High Speed Chase of Fleeing Felon. Argabrite v. Neer.

“Ohio courts lack the authority to confer immunity based on a different standard than the General Assembly has implemented.”

Justice French, Majority opinion.

“Today’s majority ruling will have a chilling effect on policing and will aid criminals in their fight … Continue reading

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Merit Decision: Court Again Upholds Constitutionality of Cap on Noneconomic Tort Damages. Simpkins v. Grace Brethren Church.

“It’s déjà vu all over again.” Yogi Berra.

On December 14, 2016, the Supreme Court of Ohio handed down a merit decision in Simpkins v. Grace Brethren Church, Slip Opinion No. 2016-Ohio-8118.  At issue in the case was an … Continue reading

Posted in Constitutional Law, Merit Decisions, Ohio Supreme Court Watch, Torts | Tagged , , |

Merit Decision: Court Sides with Law Firm in Legal Malpractice Case. Ratonel v. Roetzel & Andress, L.P.A.

On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Ratonel v. Roetzel & Andress, L.P.A, 2016-Ohio-8013. In a 6-1 decision written by Justice Pfeifer, in which Tenth District Court of Appeals Judge Betsy … Continue reading

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Merit Decision: Court Nixes Tort of Negligent Misidentification. Foley v. Univ. of Dayton.

“Public policy…encourages all citizens to report crime and to come forward to aid law-enforcement officers during the investigation of those crimes. The tort of negligent misidentification would have a chilling effect on that public policy.”

Justice Sharon Kennedy.

On November … Continue reading

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What Happened on Remand: Court of Appeals Grants New Trial in Medical Malpractice Case. Cromer v. Children’s Hospital Med. Ctr. Of Akron.

There just must be something about this case. It was pending in the Supreme Court of Ohio for over a year before it was decided.  When it was reversed and remanded, it was pending in the appeals court for over … Continue reading

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Merit Decision: Medical Malpractice Statute of Repose is Constitutional and Applies to Both Vested and Nonvested Claims. Antoon v. Cleveland Clinic Found.

“Therefore, this court and the United States Supreme Court agree that statutes of repose are to be read as enacted and not with an intent to circumvent legislatively imposed time limits.”

Chief Justice Maureen O’Connor

“This case moves us one … Continue reading

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Merit Decision: Court Gives Broad Interpretation to Ohio’s Good Samaritan Statute. Carter v. Reese.

On August 30, 2016, the Supreme Court of Ohio handed down a merit decision in Carter v. Reese, Slip Opinion No. 2016-Ohio-5569. In a 4-3 opinion written by Justice O’Donnell, joined by Justices Kennedy, French, and O’Neill, the court held that … Continue reading

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