Prepare for a Challenge…

A recent decision by Ohio’s Second District Court of Appeals addresses a couple of topics that have been recurring features on this blog: final appealable orders and secrecy in litigation. As to the former, we have previously discussed the complexity of characterizing orders that either grant or deny preliminary injunctive relief as either final, appealable orders (or not), in our recent blog posts found here and here. As to the latter, in early 2022, we discussed an Ohio Supreme Court decision called State ex rel. Cincinnati Enquirer v. Shanahan, regarding whether a police officer could proceed under a pseudonym in his defamation case – and the Court in that case said no.Continue Reading Seeking to proceed under a pseudonym in Ohio State Court? 

Yet another reminder: The mandatory nature of the Ohio Supreme Court’s Rules of Practice  

In Ohio state-court litigation, most timing deadlines are not automatic and can be “finessed” if need be (aside from the mandatory 30-day time period to file a notice of appeal).

The Ohio Supreme Court, however, treats most of the timing rules in the Ohio Supreme Court Rules of Practice as dispositive of the issue presented.Continue Reading Understanding the Ohio Supreme Court timing requirements

The COVID-19 pandemic introduced some new flexibility into the traditionally rigid legal workplace. For those working in downtown offices, the traffic on the daily commute was certainly better. And remote work options allowed counsel to take depositions from the comfort of their home offices. Got a hearing coming up on a motion? Fine, let’s conduct it via Zoom. Big oral argument coming up? No problem — the court says that can be done on Microsoft Teams. The pandemic and related stay-at-home orders certainly required some unprecedented understanding and adaptability from participants in the legal system, be they lawyers, judges, clients or court staff.Continue Reading Two recent decisions by Ohio appellate courts caution counsel against undue reliance upon health emergencies to delay trials

As many readers of this blog likely will be aware, the doctrine of administrative deference — the extent to which courts may properly defer to agencies’ interpretations of statutes and/or rules — has been a hot topic in recent years in the United States Supreme Court.Continue Reading Appellate practitioners take note: Ohio Supreme Court has rejected mandatory deference to agencies’ interpretations of rules and statutes

As we noted last week, this time of year brings eventful decision days at the Ohio Supreme Court. And Wednesday, Oct. 12, continued the trend with the Supreme Court’s decision allowing recovery of appellate attorney fees by prevailing parties who obtain and successfully defend punitive-damage awards in Cruz v. English Nanny & Governess School.
Continue Reading Ohio Supreme Court allows recovery of appellate attorney fees by prevailing parties who obtain punitive-damage awards and successfully defend judgments on appeal

As we approach the end of an election year that includes multiple Ohio Supreme Court races, we know that the Justices of the Ohio Supreme Court and their law clerks are hard at work drafting opinions in all cases that have already been orally argued. This diligence is so that the court’s opinions in those cases can be voted on and released before the election may cause changes to the bench in January. We can expect several eventful days between now and the end of the year, when a flurry of consequential new opinions in pending cases surely will be issued.

Tuesday, October 11, was one of those eventful days.Continue Reading An eventful day at the Ohio Supreme Court

In our last post, we discussed the pain of a dismissal after briefing and oral argument when the court determines the underlying judgment lacks a final appealable order. Less than three weeks later, the Supreme Court demonstrates another painful resolution — dismissing the appeal as moot and limiting the lower court’s decision as precedent only to the parties “inter se.”
Continue Reading A pain worse than losing (Part 2): Appeal dismissed as moot

On March 16, 2022, the Ohio Supreme Court dismissed the appeal in Rachel Davis v. Tammie Nathaniel, a case in which a biological aunt was seeking companionship status and visitation of her sister’s three children, who were adopted by another aunt when their mother passed away in 2013.
Continue Reading A pain worse than losing: Dismissal for lack of a final appealable order