On February 23, 2012 the Supreme Court of Ohio decided the case of Williams v. Ormsby, 2012-Ohio-690. The issue was whether “merely resuming a romantic relationship by moving into a home with another can serve as consideration for a contract,” and the answer from a 6-1 Court* (I think that’s the right count; Justice
February 2012
Merit Decision: The Court Upholds the Constitutionality of the Making Unreasonable Noise Section of the Disorderly Conduct Statute. State v. Carrick.
By Marianna Bettman on
On February 22, 2012, in State v. Carrick, 2012-Ohio-608, in a unanimous decision by Justice Cupp, the Supreme Court of Ohio upheld the constitutionality of R.C. 2917.11(A)(2), which states that “No person shall recklessly cause inconvenience, annoyance, or alarm to another by…[m]aking unreasonable noise…”
Neighbors called police several times over loud music coming…
Merit Decision: Employer Intentional Torts and Sovereign Immunity. Sampson v. Cuyahoga Metropolitan Housing Authority.
By Marianna Bettman on
On February 16 2012, the Supreme Court of Ohio decided the case of Sampson v. Cuyahoga Metr. Hous. Auth., 2012-Ohio-570. In a unanimous decision authored by Justice Cupp, the Court held that the employee of a political subdivision could sue his employer for an intentional tort that arose out of the employment relationship.
Darrell Sampson…
Merit Decision: The Constitutionality of the Mandatory Bifurcation Provision of R.C. 2315.21(B). Havel v. Villa St. Joseph.
By Marianna Bettman on
On February 15, 2012, the Supreme Court of Ohio issued a decision in Havel v. Villa St. Joseph, 2012-Ohio-552. In a 5-2 decision (Chief Justice O’Connor concurred in judgment only) written by Justice O’Donnell, the Court upheld the constitutionality of R.C. 2315.21(B), the mandatory bifurcation provision of the punitive damages statute. This statute, as…
You Break the Tie Vote on Appealing Judge Dlott’s Order in the Juvenile Court Election: Each Parties’ Letter to Secretary Husted
By Marianna Bettman on
Update: The suspense (if there ever really was any) is over. On February 21, Secretary Husted broke the tie by siding with the Republicans to allow the appeal of Judge Dlott’s decision to count addtional provisional ballots in the Hamilton County Juvenile Court election.
Read what the Secretary had to say here. The appeal was…
What’s On Their Minds: Defining Recklessness so as to Defeat Sovereign Immunity. Estate of Anderson v. City of Massillon.
By Marianna Bettman on
Update: On December 5, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
Also of interest: Read in Sharper Focus post on Recklessness here.
On February 8, the Supreme Court of Ohio heard oral argument in Estate of Anderson v. City of Massillon, 2011-0743. The issues in…
Stop the Beat from Going On and On and On: A Request to Secretary Husted Not to Take the Hamilton County Juvenile Court Case Any Further.
By Marianna Bettman on
It is now mid February, 2012, and the November 2010 Juvenile Court race in Hamilton county is still undecided. On February 8 Judge Susan Dlott ruled that nearly 300 provisional ballots cast at the right polling place but wrong precinct because of poll worker error had to be counted, just as the 27 plus ballots…
What’s on Their Minds: Are Violations of Departmental Polices or Traffic Laws Relevant to A Determination of Immunity for a City Employee? Burlingame v. Estate of Burlingame
By Marianna Bettman on
Update: On December 6, 2012, the Supreme Court reversed the court of appeals decision in this case on the authority of Anderson v. Massillon. Read the analysis here.
On February 7, the Supreme Court of Ohio heard oral argument in Burlingame v. Burlingame, 2011-742, the first of two cases on the kind of…
What’s On Their Minds? Does the Ohio Consumer Sales Practices Act Cover Mortgage Servicers? State of Ohio ex. Rel. Michael DeWine, Attorney General of Ohio, et al. v. GMAC Mortgage, LLC, et al.
By Marianna Bettman on
Final update: On March 15, 2016, this case was dismissed as improvidently accepted.
And another further update: Because of the bankruptcy stay in this case, the Court allowed the case of Sondra Anderson v. Barclays Capital Real Estate Inc., d.b.a. Home
EqServicing, 2011-0908 to proceed. This case raised similar issues to the GMAC case. The…
And the Beat Goes On. The November 2010 Hamilton County Juvenile Court Election. Judge Dlott’s Ruling.
By Marianna Bettman on
The November 10 2010 Juvenile Court election has remained in jurisprudential limbo, with John Williams last ahead by 23 votes. (He has since become the Juvenile Court’s administrative judge, appointed to the seat due to the unexpected retirement of the incumbent, Judge Karla Grady). Challenger Tracie Hunter filed a lawsuit in federal court asserting an…