On November 23, 2021, the Supreme Court of Ohio handed down a merit decision in Maternal Grandmother v. Hamilton Cty. Dept. of Job & Family Servs. Slip Opinion No. 2021-Ohio-4096. In a unanimous opinion authored by Justice Fischer, in which Justice DeWine, joined by Justice Kennedy, concurred in judgment only, the Court held that
Civil Procedure
What’s On Their Minds: What is the Appropriate Pleading Standard for a Wrongful Death Claim Against Child-Protection Caseworkers? Maternal Grandmother, as Administrator of the Estate of G.B., a deceased minor, and Maternal Grandmother, Individually v. Hamilton County Department of Job and Family Services, Hamilton County, Ohio, Denise Driehouse, Chris Montzel, Todd Portune, Shamara Stephens a.k.a. Shamara Hooks-Ware, Kassie Setty, and Lumadi Lavusa, and Father of G.B. and Mother of G.B
By Marianna Bettman on
Update: On November 23, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“I don’t believe the other side has argued Twombly in the appellate court, did they?”
Justice Brunner, to counsel for Grandmother
“Why does the York case not control in this particular case?”
Justice…
Merit Decision: Juvenile Court Lacked Jurisdiction to Invoke Adult Portion of Serious Youthful Offender Sentence. In Re A.W.
By Marianna Bettman on
“Because the clerk did not journalize the order invoking the adult portion of the SYO sentence until after A.W. turned 21, the juvenile court lacked subject-matter jurisdiction over him.”
Justice Stewart, opinion of the Court
On April 16, 2020, the Supreme Court of Ohio handed down a merit decision in In re A.W., Slip…
Merit Decision: Judgment Creditor of City Employee Cannot Assert Right of Indemnification Against the City Under R.C.2744.07. Ayers v. Cleveland
By Marianna Bettman on
Merit Decision: Judgment Creditor of City Employee Cannot Assert Right of Indemnification Against the City Under R.C.2744.07. Ayers v. Cleveland
“…indemnification does not exist to benefit a third party.”
Justice Fischer, majority opinion
“The statute cannot be applied in a way that subjects employees to financial ruin or that allows employees to control whether a …
Merit Decision: Deposition Transcripts Used for Summary Judgment Cannot Be Taxed as Costs. Vossman v. AirNet Sys.Inc.
By Marianna Bettman on
“We conclude that a discovery deposition conducted outside the presence of a judge is not a proceeding within the meaning of R.C. 2303.21 and thus the cost of procuring the transcript of such a deposition may not be recovered as a cost under Civ.R. 54(D).”
Justice DeWine, Majority Opinion
On March 13, 2020, the Supreme…
Oral Argument Preview: Can A Judgment Creditor Of A City Employee Directly Enforce Indemnification Against The City Under R.C. 2744.07(A)(2)? David Ayers v. City of Cleveland
By Marianna Bettman on
Update: On March 25, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On June 12, 2019, the Supreme Court of Ohio will hear oral argument in David Ayers v. City of Cleveland, 2018-0852. At issue in this…
What’s On Their Minds: Are Deposition Transcripts Used For Summary Judgment Taxable As Costs ? Dan W. Vossman v. AirNet Systems, Inc. et al.
By Marianna Bettman on
Update: On March 12, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Isn’t each motion for summary judgment set for a non-oral hearing? So it becomes a proceeding, does it not?”
Justice French, to Vossman’s counsel
Is the deposition a proceeding or is the summary…
Oral Argument Preview: Are Deposition Transcripts Used For Summary Judgment Taxable As Costs ? Vossman v. AirNet Systems, Inc. et al.
By Marianna Bettman on
Update: On March 12, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read an analysis of the oral argument here.
On April 23, 2019, the Supreme Court of Ohio will hear oral argument in Vossman v. AirNet Systems, Inc. et al, 2017-1688. At issue…
Oral Argument Preview: Construing Ohio’s Construction Statute of Repose. New Riegel Local School District Board of Education et al. v. The Buehrer Group Architecture & Engineering, Inc., et al.
By Marianna Bettman on
Update: On July 17, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read an analysis of the oral argument here.
On March 5, 2019, the Supreme Court of Ohio will hear oral argument in the case of New Riegel Local School District Board of Education…
Merit Decision: Football Widow Allowed to Proceed with Husband’s Alleged CTE Claim. Schmitz v. Natl. Collegiate Athletic Ass’n.
By Marianna Bettman on
“Schmitz’s experience of disorientation as to time and place following head impacts establishes that he was, or at least should have been, aware that he had sustained head injuries. But head injuries, including concussions, are an inherent part of football…They do not inherently suggest the existence of actionable wrongdoing.”
Justice French, majority opinion
On October…