Agency

What’s On Their Minds: Must a School Safety and Security Supervisor Mirandize a Minor Before Questioning Him At School in Police Presence? In re L.G.

By Marianna Bettman on August 14, 2018

Update: On September 20, 2018, the Supreme Court of Ohio dismissed this case as improvidently accepted. Read more about that here.

“The trial court here, and the court of appeals, have determined the facts in this case suggest that the supervisor was an agent of the police. So, what about the facts in this case…

Merit Decision: State-Employed Social Worker Need Not Mirandize Alleged Perpetrator During Jail Interview. State v. Jackson.

By Marianna Bettman on June 12, 2018

Update: This case was remanded back to the Eighth District Court of Appeals to decide the unaddressed assignments of error. On August 30, 2018, the appeals court overruled both of the remaining assignments of error and upheld the conviction and sentence. Read more here.

On June 7, 2018, the Supreme Court of Ohio handed down…

What’s On Their Minds: Are Custodians of Self-Directed IRAs Liable for Purchasing Illegal Securities? Cynthia Boyd; Thomas Flanders v. Kingdom Trust Company; PENSCO Trust Company; John Does 1-25

By Marianna Bettman on May 29, 2018

Update: On August 9, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“What was it that the trust did that aided the seller in making the sale?”

Justice O’Donnell, to counsel for the Investors

On May 22, 2018, the Supreme Court of Ohio heard oral…

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.

By Marianna Bettman on April 25, 2017

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 Ohio will hear oral argument in the case, Anthony Rush and Tammy Rush v. University of Cincinnati Physicians…

Merit Decision: Political Subdivision Supervisor Has Immunity for Employment Discrimination Claim. Hauser v. Dayton Police Dep’t.

By Marianna Bettman on September 3, 2014

On August 28, 2014, the Supreme Court of Ohio handed down a merit decision in Hauser v. Dayton Police Dept.,2014-Ohio-3636. In a 4-3 opinion written by Justice French, the Court held that a political subdivision supervisory employee is immune from liability in an employment discrimination claim brought by a departmental underling. Justice O’Donnell…

Merit Decision. Responsibility of Realtor for Agent’s Fraud is Question of Fact, not Law. Auer v. Paliath.

By Marianna Bettman on August 29, 2014

Update: This case was settled on January 17, 2017, and dismissed February 6, 2017.

On August 28, 2014, the Supreme Court of Ohio handed down a merit decision in Auer v. Paliath, 2014-Ohio-3632. In a 5-2 opinion written by Justice French, the Court held that the question of the vicarious liability of a real…

Merit Decision: Court Nixes Personal Jurisdiction by Imputation to Insured of Conduct of Insurance Company. Fraley v. Estate of Oeding

By Marianna Bettman on February 19, 2014

On February 12, 2014, the Supreme Court handed down a merit decision in Fraley v. Estate of Oeding, 2014-Ohio-452. In a 5-2 decision written by Justice French, the Court held that Ohio courts cannot exercise personal jurisdiction over a nonresident based solely on the conduct of the nonresident’s insurance company. Justice Pfeifer dissented,…

What’s on Their Minds: Respondeat Superior Liability of a Real Estate Broker for the Intentional Misdeeds of an Associated Salesperson. Auer v. Paliath

By Marianna Bettman on February 7, 2014

Update: On August 28, 2014, the Supreme Court handed down a merit decision in this case. Read the analysis here.

On February 4, 2013 the Supreme Court of Ohio heard oral argument in the case of Auer v. Paliath, 2013-0459. At issue in this case is the scope of respondeat superior liability of a…