The latest news, practice pointers and resources for Ohio appellate law
“While we recognize that workplace drug-testing policies implicate employees’ privacy interests, we find as a matter of law that the facts alleged in appellees’ complaint cannot sustain their common-law invasion-of-privacy claim.”
Justice Kennedy, majority opinion
“At the time appellees were required to provide their urine samples, they were presented with two choices: either provide a…
Update: On April 1, 2021, in an opinion written by Judge Frank Celebrezze, Jr. and joined by Judges Eileen A. Gallagher and Mary Eileen Kilbane, the Eighth District overruled the remaining assignments of error regarding the manifest weight of the evidence, Civ. R. 30(B)(5) testimony of the designated witness for the Cleveland Clinic, and a…
“Bozso has not presented any contemporaneous evidence that avoiding deportation motivated his decisionmaking process at or around the time he entered his guilty pleas.”
Justice French, Majority Opinion
“Because there is a reasonable probability that Bozso would not have pleaded guilty but for the erroneous advice he received regarding the possibility of relief from deportation…
“The General Assembly has made consideration of the parties’ physical and mental health not only relevant but mandatory in determining both child custody and spousal support.”
Justice French, lead opinion
“Contrary to the lead opinion’s contention, then, parties to a divorce do not subject themselves to a fishing expedition through all of their physical- and…
“…[T]he potential abuse of speech rights in the future cannot justify the blanket prohibition imposed here on Rasawehr’s speech before it has even been uttered.”
Justice Donnelly, opinion of the Court
On June 16, 2020, the Supreme Court of Ohio handed down a merit decision in Bey v. Rasawehr, 2020-Ohio-3301. In a unanimous opinion…
“We are satisfied that the scientific principles underlying laser speed-measuring devices are sufficiently reliable and hold that the results of a laser speed-measuring device are admissible in Ohio courts without expert testimony establishing their reliability or the court taking judicial notice of the scientific principles underlying that technology.”
Justice Stewart, Majority Opinion
“Because the majority…
“Crucially, in this case, no words of reservation appear on the face of the instrument in connection with the words ‘rent’ or rental payments,’ which are entirely absent from the deed.”
Justice Fischer, Opinion of the Court
On June 9, 2020, the Supreme Court of Ohio handed down a merit decision in LRC Realty, Inc. v.
“The good-faith error in misallocating peremptory challenges did not deny Jones the right to a panel of impartial, indifferent jurors, and he had no constitutional right to a panel with jurors who appeared friendly or who were skewed in his favor.”
Justice Kennedy, majority opinion
“This court should not conduct a harmless-error analysis of a…
“As we stated in Carnes, a juvenile adjudication is not unreliable for risk-assessment purposes.”
Justice Kennedy, majority opinion
“Buttery is being punished as an adult based on acts he committed as a juvenile. This is fundamentally unfair.”
Justice Donnelly, dissenting opinion
On May 21, 2020, the Supreme Court of Ohio handed down a merit…
“We consider the language in the policy—which states that the policy could be rendered void ab initio if the insured’s warranty proved to be untrue—to be a sufficient warning.”
Justice Donnelly, opinion of the Court
On May 6, 2020, the Supreme Court of Ohio handed down a merit decision in Nationwide Mut. Fire Ins. Co.
