The latest news, practice pointers and resources for Ohio appellate law
Update: On November 23, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“I don’t believe the other side has argued Twombly in the appellate court, did they?”
Justice Brunner, to counsel for Grandmother
“Why does the York case not control in this particular case?”
Justice…
Update: On November 23, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On April 28, 2021, the Supreme Court of Ohio will hear oral argument in Maternal Grandmother, as Administrator of the Estate of G.B., a deceased…
Update: On September 22, 2021, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“If you asked an average speaker of the English language none of them would say to you that this doctor was engaged in the active clinical practice of medicine, would they?”
Justice DeWine…
Update: On September 22, 2021, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read an analysis of the oral argument here.
On March 30, 2021, the Supreme Court of Ohio will hear oral argument in Mark Johnson, Individually and as Guardian of David Johnson, an incompetent, …
Further update: after the case was reversed and remanded, the trial court again granted summary judgment to WBNS on the Andersons’ defamation claim, and on March 29, 2021, the Tenth District Court of Appeals again reversed, finding an issue of fact as to whether WBNS acted negligently in ascertaining the defamatory potential of its…
“Based on the record before us, even when viewed in a light most favorable to the family, reasonable minds can come to only one conclusion: appellants were not reckless.”
Justice Fischer, Opinion of the Court
On November 10, 2020, the Supreme Court of Ohio handed down a merit decision in A.J.R. v. Lute, 2020-Ohio-5168…
Catherine Sharkey, who is Crystal Eastman Professor of Law at New York University School of Law, has written a thought-provoking, and in light of the recent Supreme Court of Ohio decision in Stiner v. Amazon.com, Inc., Slip Opinion No. 2020-Ohio-4632, timely law review article entitled “Holding Amazon Liable as a Seller of Defective…
“…[W]e conclude that a person who ‘otherwise participates in the placing of a product in the stream of commerce’ must exert some control over the product as a prerequisite to supplier liability.”
Justice French, opinion of the Court
“Even if Amazon cannot be considered a supplier in the traditional, pre-Internet sense, I believe that its…
In recent years, the University of Cincinnati Law School Law Review members have invited me to suggest topics for articles for them to consider writing about.
The Supreme Court of Ohio’s decision in Schmitz v. Natl. Collegiate Athletic Assn., 2018-Ohio-4391 caught the fancy of Nick Eaton, who is a 3L at the University of…
“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…
