Wishing a Fond Farewell and My Thanks to my Graduating Student Contributors.

My two senior student contributors graduated from the University of Cincinnati College of Law on Saturday. Connie Kremer will again work this summer at Taft Stettinius and Hollister, and will join the firm as an associate after passing the … Continue reading

Posted in Student Contributors |

What’s On Their Minds: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.

Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted.  Read more about that here.

“I’m asking you for a theory, why is UC Physicians, the employer of all the doctors in … Continue reading

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

Oral Argument Preview: Do Activities of Licensee Utilities Affect the Exclusivity of Adverse Possession? Don Koprivec et al. v. Rails-to-Trails of Wayne County.

Read the analysis of the oral argument here.

On May 16, 2017, the Supreme Court of Ohio will hear oral argument in the case of Don Koprivec et al. v. Rails-to-Trails of Wayne County, 2016-0704. This case … Continue reading

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

Oral Argument Preview: Is Section of Felonious Assault Statute Singling Out Sexual Conduct of HIV Positive Persons Unconstitutional? State of Ohio v. Orlando Batista.

Read the analysis of the argument here

On May 17, 2017, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Orlando Batista, 2016-0903. At issue in the case is whether R.C. 2903.11(B)(1) violates the Equal … Continue reading

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

Oral Argument Preview: Properly Preserving An Off-The-Record Discussion For Appeal. State of Ohio v. Andrea Beasley.

Read the analysis of the argument here.

On May 16, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Andrea Beasley, 2016-Ohio-1603. At issue in this case is … Continue reading

Posted in Criminal Law and Procedure, Evidence, Ohio Supreme Court Watch, Oral Argument Preview | Tagged |

What Happened on Remand: The End of a Very Long Road for Iran Doss, and No Right To Compensation for Wrongful Imprisonment. Doss v. State.

Case Background

On New Year’s Eve 2004, 23-year-old J.P. came from Ravenna to celebrate with friends at a club in Cleveland.  She drank a lot of alcohol throughout the night, and woke up the next morning in an unfamiliar apartment … Continue reading

Posted in Ohio Supreme Court Watch, What Happened on Remand |

Merit Decision: Strict, Not Substantial Statutory Compliance Required to Properly Present Claim Against Estate. Wilson v. Lawrence.

On April 19, 2017, the Supreme Court of Ohio handed down a merit decision in Wilson v. Lawrence, Slip Opinion No. 2017-Ohio-1410. … Continue reading

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

Oral Argument Preview: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.

Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted.  Read more about that here.

Read the analysis of the oral argument here.

On May 3, 2017, the Supreme Court of … Continue reading

Posted in Agency, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors, Torts | Tagged , |

What’s On Their Minds: Does Ohio’s Dram Shop Act Preclude All Traditional Common-Law Negligence Claims Against a Liquor Permit-Holder? Nichole Johnson v. Mary E. Montgomery et al.

“I’m a former bartender from Athens. So let me just suggest to you that if the alcohol comes off the shelf and goes into the glass, and goes into the mouth of the dancer, and the money goes into my … Continue reading

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

Merit Decision: Sentence Not Impermissible Trial Tax; Court Adopts Actual Vindictiveness Standard. State v. Rahab.

On April 18, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Rahab, Slip Opinion No. 2017-Ohio-1401. In a 5-2 opinion written by Justice DeWine, the court found that the trial court judge did … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Merit Decisions, Ohio Supreme Court Watch | Tagged , , |