Update: After the merit decision was released in New Riegel Local School Dist. Bd. of Edn. v. Buehrer Group Architecture & Eng., Inc.,2019-Ohio-2851., New Riegel sought reconsideration on the ground that when the case was remanded, as ordered by the Supreme Court of Ohio, it be sent to the trial court
Statute of Repose
What’s On Their Minds: Construing Ohio’s Construction Statute of Repose. New Riegel Local School District Board of Education et al. v. The Buehrer Group Architecture & Engineering, Inc., et al.
By Marianna Bettman on
Update: On July 17, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On March 5, 2019, the Supreme Court of Ohio heard oral argument in the case of New Riegel Local School District Board of Education et al. v. The Buehrer Group Architecture & Engineering…
Oral Argument Preview: Construing Ohio’s Construction Statute of Repose. New Riegel Local School District Board of Education et al. v. The Buehrer Group Architecture & Engineering, Inc., et al.
By Marianna Bettman on
Update: On July 17, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read an analysis of the oral argument here.
On March 5, 2019, the Supreme Court of Ohio will hear oral argument in the case of New Riegel Local School District Board of Education…
Merit Decision: Medical Malpractice Statute of Repose is Constitutional and Applies to Both Vested and Nonvested Claims. Antoon v. Cleveland Clinic Found.
By Marianna Bettman on
“Therefore, this court and the United States Supreme Court agree that statutes of repose are to be read as enacted and not with an intent to circumvent legislatively imposed time limits.”
Chief Justice Maureen O’Connor
“This case moves us one step closer to the time when the common law will be completely obliterated in Ohio.”…
What’s On Their Minds? The Application of the Medical Malpractice Statute of Repose to Vested Claims. David Antoon et al. v. Cleveland Clinic Foundation et al.
By Marianna Bettman on
Update: On October 25, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On April 5, 2016, the Supreme Court of Ohio heard oral argument in the case of David Antoon et al. v. Cleveland Clinic Foundation et al., 2015-0467. At issue in the case…
Oral Argument Preview: Once Again, the Medical Malpractice Statute of Repose. David Antoon et al. v. Cleveland Clinic Foundation et al.
By Marianna Bettman on
Update: On October 25, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On April 5, 2016, the Supreme Court of Ohio will hear oral argument in the case of David Antoon et al. v. Cleveland Clinic Foundation…
Merit Decision. Court Upholds the Constitutionality of the Medical Malpractice Statute of Repose. Ruther v. Kaiser.
By Marianna Bettman on
On December 6, 2012, the Supreme Court of Ohio handed down a merit decision in Ruther v. Kaiser, 2012-Ohio-5686 . In a 6-1 opinion written by Justice Lanzinger, the Court upheld the constitutionality of the medical malpractice statute of repose. Justice McGee Brown wrote a short separate concurrence. Justice Pfeifer dissented. (No, this isn’t my…
Oral Argument Preview: Constitutional Challenge to the Medical Malpractice Statute of Repose. When Does an Undiscovered Claim Vest? Tracy Ruther, Individually and Administrator of the Estate of Timothy Ruther v. George Kaiser, D.O., et al.
By Marianna Bettman on
Update: On December 6, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On April 25, 2012, the Supreme Court of Ohio will hear oral argument in the case of Tracy Ruther, Individually and Administrator of the Estate of Timothy…