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
Pro hac vice pro tip: Ohio Supreme Court requires annual renewal
By Terry Posey & Chelsea Weaver on
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
Putting numbers behind Ohio Supreme Court jurisdictional decisions: What percentage of cases are being accepted?
By Terry Posey & Cara Brack on
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?
What’s fair game in supplementation at the Ohio Supreme Court?
By Ahmad Huda on
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 Supreme Court grants writs to expose sealed affidavit, prevent use of pseudonym
By Brad Hughes on
Attorneys frequently navigate choppy waters between the presumption of openness that applies to court proceedings and the insistence of their clients to file a number of documents under seal to maintain the secrecy of information relevant to the proceedings. Continue Reading Ohio Supreme Court grants writs to expose sealed affidavit, prevent use of pseudonym
FLASH UPDATE: Remote oral argument is back at Ohio Supreme Court
By Terry Posey on
From April 7, 2020, through Sept. 7, 2021, the Ohio Supreme Court conducted oral argument remotely. This was done mostly through Zoom, but originally the court used a different service. I wrote a post on preparing for remote oral argument at the time. Continue Reading FLASH UPDATE: Remote oral argument is back at Ohio Supreme Court
Putting numbers behind Ohio Supreme Court jurisdictional decisions: How long do they take?
By Brad Hughes, Terry Posey & Cara Brack on
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?
Understanding supplemental authority at oral argument
By Terry Posey on
If you prepare for oral argument enough times, eventually it will happen. Whether preparing directly for an argument or working on another matter, you will find a case that should have been included in your briefing. What do you do when you find such authority? Continue Reading Understanding supplemental authority at oral argument
Counsel beware of intemperate assertions in briefs; First Amendment may not save you from discipline
By Brad Hughes on
Let’s face it — the practice of law can be very frustrating at times. Attorneys address unreasonable demands from opposing counsel, tight deadlines, impossibly broad discovery requests, and other issues that escalate stress levels and trigger emotions. A recent decision from the Ohio Supreme Court in Cleveland Metro. Bar Assn. v. Morton presents a cautionary tale about a frustrated attorney’s intemperate assertions in a Memorandum in Support of Jurisdiction filed in that Court. Continue Reading Counsel beware of intemperate assertions in briefs; First Amendment may not save you from discipline
The most important thing in preparing for oral argument
By Terry Posey on
One thing that can set appellate lawyers apart from most people (and there are many) is they tend to watch more oral arguments. Appellate lawyers thrive on keeping up with new case developments and hearing how justices and judges are engaging with all parties. Continue Reading The most important thing in preparing for oral argument