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?