The latest news, practice pointers and resources for Ohio appellate law
“It’s déjà vu all over again.” Yogi Berra.
On December 14, 2016, the Supreme Court of Ohio handed down a merit decision in Simpkins v. Grace Brethren Church 2016-Ohio-8118. At issue in the case was an as-applied constitutional challenge to the caps on noneconomic tort damages set out in R.C. 2315.18(B). In another fractured…
On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Ratonel v. Roetzel & Andress, L.P.A, 2016-Ohio-8013. In a 6-1 decision written by Justice Pfeifer, in which Tenth District Court of Appeals Judge Betsy Luper Schuster, sitting for Chief Justice O’Connor, dissented without opinion, the court held that summary…
“Public policy…encourages all citizens to report crime and to come forward to aid law-enforcement officers during the investigation of those crimes. The tort of negligent misidentification would have a chilling effect on that public policy.”
Justice Sharon Kennedy.
On November 3, 2016, the Supreme Court of Ohio handed down a merit decision in Foley v.
Update: On July 5, 2017, the Supreme Court of Ohio again accepted an appeal of this case, and again remanded it back to the Ninth District. Read more about that here.
There just must be something about this case. It was pending in the Supreme Court of Ohio for over a year before it was…
“Therefore, this court and the United States Supreme Court agree that statutes of repose are to be read as enacted and not with an intent to circumvent legislatively imposed time limits.”
Chief Justice Maureen O’Connor
“This case moves us one step closer to the time when the common law will be completely obliterated in Ohio.”…
On August 30, 2016, the Supreme Court of Ohio handed down a merit decision in Carter v. Reese, 2016-Ohio-5569. In a 4-3 opinion written by Justice O’Donnell, joined by Justices Kennedy, French, and O’Neill, the court held that Ohio’s Good Samaritan statute, codified at R.C. 2305.23, applies to any person who administers emergency care…
Update: On November 3 2016, the court handed down a merit decision in this case. Read the analysis here.
“So they (Petitioners) purposefully identified these people-they didn’t negligently identify them.” Chief Justice O’Connor, to counsel for Petitioners.
On July 13, 2016, the Supreme Court of Ohio heard oral argument in the case of Foley v. …
Update: On November 3 2016, the court handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument in this case here.
On July 13, 2016, the Supreme Court of Ohio will hear oral argument in the case of Foley v. Univ. of Dayton, 2015-2032. At…
Case Background
On May 6, 2008, 72-year-old Ronald Anderson and his four year old grandson Javarre Tate were killed when Anderson’s minivan was struck broadside at an intersection by a fire engine on an emergency run in response to an automobile fire in Massillon. The fire engine, driven by Susan Toles and commanded by Rick…
Update: On November 9, 2016, the Supreme Court of Ohio declined jurisdiction in both the appeal and cross appeal in this case.
As I posted here, after the Supreme Court of Ohio reversed and remanded this case to apply the punitive damages cap in R.C. 2315.21(D)(2)(a) to the two million dollar punitive damages judgment, arguing…
