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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

We’ve written before about the heartfelt pain appellate lawyers experience when a case is dismissed after briefing and oral argument at the Ohio Supreme Court. In the first instance, it happened for a lack of a final appealable order. In the second, the court ultimately decided the case had already been mooted. It turns out there’s a third possibility — a jurisdictional defect.
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Continue Reading A pain worse than losing (Part 3): A jurisdictional defect

Ohio’s final appealable order statute, Ohio Revised Code Section 2505.02, is complex and fraught with traps for the unwary. It can be difficult for counsel to discern or advise their clients with any high degree of confidence whether a given interlocutory decision by a trial judge is subject to immediate appeal, or whether that fight must await an appeal after final judgment. One specific context in which this vexing issue can arise relates to discovery orders compelling the production of allegedly privileged information, or the production of information potentially subject to the attorney work-product doctrine.
Continue Reading Appealing discovery orders compelling production of confidential information

At Ohio Appellate Insights, we are happy to announce that Porter Wright has “acquired” the long-running and well-regarded blog, Legally Speaking Ohio. Legally Speaking Ohio was run by University of Cincinnati Professor Emerita (and former First District Court of Appeals Judge) Marianna Brown Bettman, who is retiring this summer. Professor Bettman announced the transition here.
Continue Reading Appellate mergers and acquisitions (and retirements): The Legally Speaking Ohio legacy

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

In April 2022, the Ohio Supreme Court will hear oral arguments in City of Maple Heights v. Netflix, Inc. & Hulu, LLC, a certified question case. Such cases are governed by Section 9 of the Ohio Supreme Court’s Rules of Practice and only come up a few times a year. …
Continue Reading Ohio Supreme Court set to answer certified question from federal court

For a variety of reasons, legal clients frequently prefer to use their out-of-state counsel for matters litigated before the Ohio Supreme Court or other Ohio tribunals. For these attorneys seeking to appear in Ohio courts and affiliated local counsel, the end of the calendar year – and the beginning of the next one – can come with harsh reminders about the timely need to renew pro hac vice registrations.
Continue Reading Pro hac vice pro tip: Ohio Supreme Court requires annual renewal

OHIO APPELLATE INSIGHTS /stats

In our last feature on Ohio Supreme Court statistics, we put numbers behind the question, “How long will it take for the Ohio Supreme Court to decide on a discretionary appeal, or jurisdictional?” If you have not had the opportunity to read that post, we were surprised to learn criminal cases were being decided faster.
Continue Reading Putting numbers behind Ohio Supreme Court jurisdictional decisions: What percentage of cases are being accepted?