As many readers of this blog likely will be aware, the doctrine of administrative deference — the extent to which courts may properly defer to agencies’ interpretations of statutes and/or rules — has been a hot topic in recent years in the United States Supreme Court.
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.…
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
It’s a generally understood concept that case law interpreting the Federal Rules of Civil Procedure applies equally to the Ohio Rules of Civil Procedure—except in one main area: motions to dismiss. In Maternal Grandmother v. Hamilton Cty. Dept. of Job & Family Servs., the Ohio Supreme Court was tasked with addressing one question: Had a grandmother of an abused and neglected child sufficiently pleaded her claim against the Hamilton County agency tasked with the grandchild’s wellbeing to overcome statutory immunity? The case had been dismissed (and affirmed on appeal). On Nov. 23, 2021, the Supreme Court reversed.
Continue Reading Rethinking pleading standards: Is the Supreme Court finally ready to address Twombly and Iqbal?