The latest news, practice pointers and resources for Ohio appellate law
“What statements were made that would contradict the warranty?”
Justice Brunner, to Counsel for Navistar
“So why should the Court change the bargain that you made into something else?”
Justice DeWine, to Counsel for Dutchmaid
On April 13, 2022, the Supreme Court of Ohio heard oral argument in Navistar Inc. v. Dutchmaid Logistics, Inc., 2021-0719…
On March 30, 2022, the Supreme Court of Ohio heard oral argument in Brandt v. Pompa, 2021-0497. At issue in this case is whether Ohio’s statutory cap on non-economic damages, codified in R.C. 2315.18, is unconstitutional as applied to the facts in this sexual assault case. Also at issue is whether R.C. 2315.18…
“What are the facts in your case that support the credentialing aspect of the claim?”
Justice Donnelly, to counsel for the administrator of Walling’s estate
“Are there different criteria for credentialing for employees who are doctors than independent contractors who are doctors?”
Justice Brunner, to counsel for The Toledo Hospital
On March 9, 2022, the…
“If he [G.K.] withdraws his application, and then refiles it under the appropriate statute, he may have this whole thing cleared up?”
Chief Justice O’Connor to the assistant county prosecutor
On February 8, 2022, the Supreme Court of Ohio heard oral argument in State of Ohio v. G .K. At issue is whether a conviction…
“Here the container may not have announced its contents by the shape of the container, but didn’t it announce its contents by what was sticking out of the container?”
Justice DeWine to counsel for Burroughs
“In your view what was the single purpose of the backpack?”
Justice Fischer, to the prosecuting attorney
On October 27…
“Shouldn’t there be a nexus between what the person is on probation for and why they would search?”
Justice Donnelly, to the assistant county prosecutor
“So, what do we do about the fact there’s no remedy spelled out in the statute?”
Chief Justice O’Connor, to counsel for the defendant
On October 26, 2021, the Supreme…
“So, what you are asking us to do is send this back so that you can have a jury trial?”
Chief Justice O’Connor, to counsel for Smathers
“So, are you saying an expert can’t render an opinion based on their examination of a file whether or not they believe something was wanton, willful or reckless?”…
“Where do we draw the line?”
Justice Donnelly, to the Assistant County Prosecutor
“Are you saying the prosecution is not a direct consequence of the commission of an offense?”
Chief Justice O’Connor to counsel for Yerkey
On September 22, 2021, the Supreme Court of Ohio heard oral argument in State of Ohio v. John D.
“Because no individual person or persons were identified, coverage fails?”
Justice Stewart to counsel for Acuity
“The way I read the underlying complaints was that the governments are suing for increased emergency services. Is that correct?”
Justice Fischer to counsel for Masters Pharmaceutical, Inc.
On September 8, 2021, the Supreme Court of Ohio heard oral…
“What’s a jury to think if the judge is acting in this way and there’s no objection?”
Chief Justice O’Connor, to counsel for West
“You’re not saying that we can never notice structural error without an objection, are you?”
Justice Brunner, to the assistant county prosecutor
On June 30, 2021, the Supreme Court of Ohio…
