On March 30, 2022, the Supreme Court of Ohio heard oral argument in Brandt v. Pompa, 2021-0497. At issue in this case is whether Ohio’s statutory cap on non-economic damages, codified in R.C. 2315.18, is unconstitutional as applied to the facts in this sexual assault case. Also at issue is whether R.C. 2315.18
Marianna Bettman
Oral Argument Preview: Can a Contractual Warranty Disclaimer Bar a Tort Fraud Claim Based on the Same Facts and Damages? Navistar Inc. v. Dutchmaid Logistics Inc.
On April 13, 2022, the Supreme Court of Ohio will hear oral argument in Navistar Inc. v. Dutchmaid Logistics, Inc., 2021-0719. At issue in this case is whether a contractual disclaimer can thwart a tort claim that is based on the same set of facts and the same amount of damages.
Case Background
Dutchmaid…
Oral Argument Preview: Tort Reform Revisited. Is Ohio’s Statutory Cap on Non-Economic Damages Unconstitutional? Brandt v. Pompa.
On March 30, 2022, the Supreme Court of Ohio will hear oral argument in Brandt v. Pompa, 2021-0497. At issue in this case is whether Ohio’s statutory cap on non-economic damages, codified in R.C. 2315.18, is unconstitutional as applied to the facts in this sexual assault case. Also at issue is whether R.C.
What’s On Their Minds: Can a Negligent Credentialing Claim Survive Without a Final Determination of the Physician’s Liability? Michael Walling, Administrator of the Estate of Raeann Walling, Deceased v. Ransford S. Brenya, M.D., et al.
“What are the facts in your case that support the credentialing aspect of the claim?”
Justice Donnelly, to counsel for the administrator of Walling’s estate
“Are there different criteria for credentialing for employees who are doctors than independent contractors who are doctors?”
Justice Brunner, to counsel for The Toledo Hospital
On March 9, 2022, the…
Oral Argument Preview: Can a Negligent Credentialing Claim Survive Without a Final Determination of the Physician’s Liability? Michael Walling, Administrator of the Estate of Raeann Walling, Deceased v. Ransford S. Brenya, M.D., et al.
On March 9, 2022, the Supreme Court of Ohio will hear oral argument in Michael Walling, Administrator of the Estate of Raeann Walling, Deceased v. Ransford S. Breyna, M.D., et al, 2021-0241. At issue in this case is whether a party can maintain a negligent credentialing claim against a hospital when the doctor in…
What’s On Their Minds: If a Criminal Case is not Eligible for Sealing, Can Individual Dismissed Counts Within That Case be Sealed? State of Ohio v. G.K.
“If he [G.K.] withdraws his application, and then refiles it under the appropriate statute, he may have this whole thing cleared up?”
Chief Justice O’Connor to the assistant county prosecutor
On February 8, 2022, the Supreme Court of Ohio heard oral argument in State of Ohio v. G .K. At issue is whether a conviction…
What’s On Their Minds: Where Does Professional Liability Stop? Cynthia Clawson v. Heights Chiropractic Physicians, LLC, et al.
“Is there anything in Wuerth that specifically limits it to the set of facts which were a law practice?”
Chief Justice O’Connor, to counsel for Heights Chiropractic
“What is your best argument for why Wuerth should not be expanded to other professional organizations outside of a law firm or lawyer relationship?”
Chief Justice O’Connor, to…
Oral Argument Preview: If a Criminal Case is not Eligible for Sealing, Can Individual Dismissed Counts Within That Case be Sealed? State of Ohio v. G.K.
On February 8, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. G .K. At issue is whether a conviction for one charge in a case precludes defendants from requesting other, dismissed charges in the same case be sealed.
Justice Donnelly, who was the initial trial court judge in…
Oral Argument Preview: Where Does Professional Liability Stop? Cynthia Clawson v. Heights Chiropractic Physicians, LLC, et al.
On January 26, 2022, the Supreme Court of Ohio will hear oral argument in Cynthia Clawson v. Heights Chiropractic Physicians, LLC, et al., 2020-1577. At issue in this case is whether an employer can avoid liability for the negligent actions of its professional employee, here a chiropractor, after the professional employee has been…
Top Ten Blog Hits of 2021
Top Ten Blog Hits of 2021
Every year I prepare a list of the top ten blog hits. Here is the list for 2021:
1, Update on the Case of Brandon Moore. This case has been on the list for many years running and still seems to have high readership interest. Moore was originally…