Back in the late 1990s when I attended the University of Dayton School of Law, I had the opportunity to serve as an extern at Ohio’s Second District Court of Appeals for a few months. I remember the court administrator telling me that one focus of my externship would be helping the judges decide whether the appellants in newly filed appeals were appealing from final, appealable orders. I recall thinking to myself — naively —“How hard can that really be?” Little did I know how vexing that particular question would become not only during my externship, but also throughout my legal career. A recent (and split) decision from the Ohio Supreme Court in Electronic Classroom of Tomorrow v. Ohio State Board of Education (ECOT) illustrates just how tricky the concept of finality truly can be, and how judges can disagree sharply on whether or not a given order is both final and appealable under Ohio law.
Continue Reading Sure, the order is ‘final,’ but is it a final appealable order?
Practice Pointers
Definitely don’t do this at oral argument
“You guys” is some easy vernacular for people of certain age groups (me included). But it should never be used to refer to the judges at oral argument.
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Last oral argument of 2020: The great cleanup time
The Ohio Supreme Court heard its last regularly-scheduled argument of 2020. We dive into the positives and negatives of pausing oral argument, and what that may mean for litigants.
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Continuing oral argument at the Ohio Supreme Court
The Ohio Supreme Court does not have a defined methodology as to when it will or won’t continue oral argument. Some recent examples are worth of further review.
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Ohio Supreme Court practice: Propositions of law in the memorandum in support of jurisdiction
In this post, we reveal the undisclosed secret to the most critical component of a Memorandum in Support of Jurisdiction to the Ohio Supreme Court.
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COVID-19 and Supreme Court extensions
The Supreme Court confronts a new request for delayed briefing due to the Covid-19 pandemic.
Continue Reading COVID-19 and Supreme Court extensions