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 , |

U.S. Supreme Court Denies Certiorari in Brandon Moore Case.

Case Background

Brandon Moore was sentenced to an aggregate prison term of 112 years in prison for convictions for three counts each of aggravated robbery, rape, complicity to commit rape, and one count each of kidnapping, complicity to commit aggravated … Continue reading

Posted in Juvenile Law, Ohio Supreme Court Watch |

Merit Decision: Appointment of Guardian Ad Litem Required, But Failure To Do So Did Not Affect Outcome In This Case. State v. Morgan.

“While we continue to characterize juvenile proceedings as civil rather than criminal in nature…the criminal aspect of delinquency proceedings is undeniable.”

Justice Kennedy, majority opinion.

“Today’s majority decision reinforces the criminal aspects of juvenile proceedings, not for the purpose of … Continue reading

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

What’s On Their Minds: Mother’s Right to Counsel at Permanent Custody Hearing. In re: R.K. (A.S., Appellant).

“Is that the rule you want from this court—if you don’t show up you are deemed to have waived counsel in the most important court proceeding in your life?”

Justice O’Neill, to the Children’s Services Lawyer

On September 13, 2017, … 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 , , , |

Oral Argument Preview: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.

Read the analysis of the oral argument here.

On September 26, 2017, the Supreme Court of Ohio will hear oral argument in Preterm-Cleveland, Inc. v. Governor John R. Kasich et al, 2016-1252. The issue in this case … Continue reading

Posted in Civil Procedure, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , |

Merit Decision: Apology Statute Meant to Keep Out Admissions of Fault…Assuming There is an Apology. Stewart v. Vivian

On  September 12, 2017, the Supreme Court of Ohio handed down a merit decision in Stewart v. Vivian, Slip Opinion No. 2017-Ohio-7526. The court was asked to answer the following certified question:

“[Are] a health care provider’s statements of … Continue reading

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

Merit Decision: Auto Accident Victim Cannot Recover from Strip Club for Injuries Caused by Intoxicated Dancer. Johnson v. Montgomery.

“Nothing in our precedents dictates that the word “person” be limited to patrons.”

Justice DeWine, majority opinion

“I am unable to join a majority decision that absolves from liability a liquor-permit holder who encourages the dancers in its club to … Continue reading

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

Oral Argument Preview: Will N.W. Ohio’s Last Abortion Clinic Remain Open? Capital Care Network of Toledo v. State of Ohio Department of Health.

Read the analysis of the oral argument here.

On September 12, 2017, the Supreme Court of Ohio will hear oral argument in the case of Capital Care Network of Toledo v. State of Ohio Department of Health … Continue reading

Posted in Constitutional Law, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , , , |