At Ohio Appellate Insights, we are happy to announce that Porter Wright has “acquired” the long-running and well-regarded blog, Legally Speaking Ohio. Legally Speaking Ohio was run by University of Cincinnati Professor Emerita (and former First District Court of Appeals Judge) Marianna Brown Bettman, who is retiring this summer. Professor Bettman announced the transition here.
In our last post, we discussed the pain of a dismissal after briefing and oral argument when the court determines the underlying judgment lacks a final appealable order. Less than three weeks later, the Supreme Court demonstrates another painful resolution — dismissing the appeal as moot and limiting the lower court’s decision as precedent only to the parties “inter se.” Continue Reading A pain worse than losing (Part 2): Appeal dismissed as moot
On March 16, 2022, the Ohio Supreme Court dismissed the appeal in Rachel Davis v. Tammie Nathaniel, a case in which a biological aunt was seeking companionship status and visitation of her sister’s three children, who were adopted by another aunt when their mother passed away in 2013. Continue Reading A pain worse than losing: Dismissal for lack of a final appealable order
We’re pleased to introduce a new blog feature today: Five questions (or more) with a judge. Judge Christopher B. Epley of the Second District Court of Appeals was kind enough to answer our slightly more than five questions. Continue Reading Five (or more) questions with a judge: Second District Judge Chris Epley
In April 2022, the Ohio Supreme Court will hear oral arguments in City of Maple Heights v. Netflix, Inc. & Hulu, LLC, a certified question case. Such cases are governed by Section 9 of the Ohio Supreme Court’s Rules of Practice and only come up a few times a year. Continue Reading Ohio Supreme Court set to answer certified question from federal court
For a variety of reasons, legal clients frequently prefer to use their out-of-state counsel for matters litigated before the Ohio Supreme Court or other Ohio tribunals. For these attorneys seeking to appear in Ohio courts and affiliated local counsel, the end of the calendar year – and the beginning of the next one – can come with harsh reminders about the timely need to renew pro hac vice registrations. Continue Reading <i>Pro hac vice</i> pro tip: Ohio Supreme Court requires annual renewal
OHIO APPELLATE INSIGHTS /stats
In our last feature on Ohio Supreme Court statistics, we put numbers behind the question, “How long will it take for the Ohio Supreme Court to decide on a discretionary appeal, or jurisdictional?” If you have not had the opportunity to read that post, we were surprised to learn criminal cases were being decided faster. Continue Reading Putting numbers behind Ohio Supreme Court jurisdictional decisions: What percentage of cases are being accepted?
Last month, Terry Posey wrote on the blog about supplemental authority at oral argument — before the intermediate court of appeals. But what about the Ohio Supreme Court? Continue Reading What’s fair game in supplementation at the Ohio Supreme Court?
Attorneys frequently navigate choppy waters between the presumption of openness that applies to court proceedings and the insistence of their clients to file a number of documents under seal to maintain the secrecy of information relevant to the proceedings. Continue Reading Ohio Supreme Court grants writs to expose sealed affidavit, prevent use of pseudonym
From April 7, 2020, through Sept. 7, 2021, the Ohio Supreme Court conducted oral argument remotely. This was done mostly through Zoom, but originally the court used a different service. I wrote a post on preparing for remote oral argument at the time. Continue Reading FLASH UPDATE: Remote oral argument is back at Ohio Supreme Court