This article highlights new developments on the subject of a former Ohio Appellate Insights post considering the authority of appellate courts to immediately review appeals from provisional orders.Continue Reading Appellate review of provisional judicial orders: If it quacks like a duck…
As we noted last week, this time of year brings eventful decision days at the Ohio Supreme Court. And Wednesday, Oct. 12, continued the trend with the Supreme Court’s decision allowing recovery of appellate attorney fees by prevailing parties who obtain and successfully defend punitive-damage awards in Cruz v. English Nanny & Governess School.
Continue Reading Ohio Supreme Court allows recovery of appellate attorney fees by prevailing parties who obtain punitive-damage awards and successfully defend judgments on appeal
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?
Last month, Terry Posey wrote on the blog about supplemental authority at oral argument — before the intermediate court of appeals. But what about the Ohio Supreme Court?
Continue Reading What’s fair game in supplementation at the Ohio Supreme Court?
OHIO APPELLATE INSIGHTS /stats
The Ohio Supreme Court has a few great mysteries. A recurring one is how long you’ll have to wait to determine whether your case will be accepted as a discretionary appeal.
Continue Reading Putting numbers behind Ohio Supreme Court jurisdictional decisions: How long do they take?
Plurality opinions are frequently a bane of appellate practitioners. When there are four justices in agreement as to the outcome of the case, but not the rationale, the plurality opinion can leave good authority, but no binding precedent. In fact, without four justices joining the rationale, a plurality decision does not represent a “holding of the court,” as seen in Fed. Home Loan Mtge. Corp. v. Schwartzwald. Schwartzwald actually relied on the Ohio Constitution, Article IV, Section 2(A):
“A majority of the supreme court shall be necessary to constitute a quorum or to render a judgment.”