Ohio Case Commentaries

Mandamus Relief Under the Public Records Act: The Culgan v. Jefferson County Clerk of Courts Decision

Date: Dec 11, 2024

Mandamus Relief Under the Public Records Act: The Culgan v. Jefferson County Clerk of Courts Decision Introduction In the landmark case The State ex rel. Culgan v. Jefferson County Clerk of Courts...

Ohio Supreme Court Establishes Standards for Postconviction DNA Testing Applications

Date: Dec 11, 2024

Ohio Supreme Court Establishes Standards for Postconviction DNA Testing Applications Introduction The case of The State of Ohio v. Michael Riley reaching the Supreme Court of Ohio in 2024 addresses...

Ohio Supreme Court Establishes Purchaser Benefit Location as Determining Factor for Gross Receipts Situs in CAT Law

Date: Dec 11, 2024

Ohio Supreme Court Establishes Purchaser Benefit Location as Determining Factor for Gross Receipts Situs in Commercial Activity Tax Law Introduction In the case of Total Renal Care, Inc. v. Harris,...

Retroactive Application of R.C. 4123.58(G) in PTD Compensation: The State ex rel. Prinkey v. Emerine's Towing, Inc.

Date: Dec 11, 2024

Retroactive Application of R.C. 4123.58(G) in PTD Compensation: The State ex rel. Prinkey v. Emerine's Towing, Inc. Introduction The case of The State ex rel. Prinkey v. Emerine's Towing, Inc.;...

Prevailing Party Standard Under Ohio Deceptive Trade Practices Act: Goomai v. H&E Enterprise

Date: Dec 11, 2024

Prevailing Party Standard Under Ohio Deceptive Trade Practices Act: Goomai v. H&E Enterprise Supreme Court of Ohio, 2024 Introduction In the landmark case of Niv Goomai, et al. v. H&E Enterprise,...

Ohio Supreme Court Determines Discretionary Firearm Specification Sentences Must be Served Concurrently in State v. Beatty

Date: Dec 11, 2024

Ohio Supreme Court Determines Discretionary Firearm Specification Sentences Must be Served Concurrently in State v. Beatty Introduction In the case of The State of Ohio v. Aunrico Beatty (2024 Ohio...

Establishing Limits on Governmental Immunity: Insights from Estate of Cook v. Montville Township

Date: Dec 9, 2024

Establishing Limits on Governmental Immunity: Insights from Estate of Cook v. Montville Township Introduction The recent decision in Estate of Cook v. Montville Township et al. (2024 Ohio 5690) by...

Ohio Supreme Court Establishes Liability for Property Loss Beyond Roadway Use under Political-Subdivision Negligent Maintenance Exception

Date: Dec 9, 2024

Ohio Supreme Court Establishes Liability for Property Loss Beyond Roadway Use under Political-Subdivision Negligent Maintenance Exception Introduction In the landmark case of Schlegel v. Summit...

Transparent Policing: Ohio Supreme Court Sets New Precedent on Public Records Access in Officer-Involved Shooting Cases

Date: Dec 9, 2024

Transparent Policing: Ohio Supreme Court Sets New Precedent on Public Records Access in Officer-Involved Shooting Cases Introduction In the landmark case of The State ex rel. Copley Ohio Newspapers,...

Overruling the Public-Right Doctrine: Strengthening Standing Requirements in Ohio

Date: Dec 9, 2024

Overruling the Public-Right Doctrine: Strengthening Standing Requirements in Ohio Introduction In the landmark case State ex rel. Martens v. Findlay Municipal Court et al., adjudicated by the Supreme...

Ohio Supreme Court Upholds Common Pleas Jurisdiction in Tax Recovery Actions under R.C. 2723.01

Date: Dec 9, 2024

Ohio Supreme Court Upholds Common Pleas Jurisdiction in Tax Recovery Actions under R.C. 2723.01 Introduction In the landmark case The State of Ohio ex rel. The City of Rittman, v. Spitler, decided on...

Ohio Supreme Court Establishes Standards for Fully Stayed Suspensions in Attorney Disciplinary Actions

Date: Nov 28, 2024

Ohio Supreme Court Establishes Standards for Fully Stayed Suspensions in Attorney Disciplinary Actions Introduction In the landmark case of Columbus Bar Association v. Ryan (2024 Ohio 5570), the...

Ohio Supreme Court Upholds Tolling Statute R.C. 2305.15(A) Against Dormant Commerce Clause Challenge

Date: Nov 28, 2024

Ohio Supreme Court Upholds Tolling Statute R.C. 2305.15(A) Against Dormant Commerce Clause Challenge Introduction In the landmark case Kennedy, Executor of the Estate of Gerres v. Western Reserve...

Validation of Ohio’s Tolling Statute (R.C. 2305.15(A)) Under the Dormant Commerce Clause

Date: Nov 28, 2024

Validation of Ohio’s Tolling Statute (R.C. 2305.15(A)) Under the Dormant Commerce Clause 1. Introduction Case: Kennedy, Ex’r of the Estate of Gerres v. Western Reserve Senior Care et al.,...

One-Year Suspension with Conditional Stay for Repeated Ethical Violations in Legal Representation

Date: Nov 28, 2024

One-Year Suspension with Conditional Stay for Repeated Ethical Violations in Legal Representation Introduction In the landmark case Disciplinary Counsel v. Brown-O'Neal (2024 Ohio 5571), the Supreme...

Permanent Disbarment for Repeated Misappropriation and Procedural Default: Disciplinary Counsel v. Port

Date: Nov 28, 2024

Permanent Disbarment for Repeated Misappropriation and Procedural Default: Disciplinary Counsel v. Port Introduction This commentary examines the November 27, 2024 decision of the Supreme Court of...

Disciplinary Counsel v. Port: Reinforcing Disbarment Standards for Repeated Professional Misconduct in Ohio

Date: Nov 28, 2024

Disciplinary Counsel v. Port: Reinforcing Disbarment Standards for Repeated Professional Misconduct in Ohio Introduction The case of Disciplinary Counsel v. Port (2024 Ohio 5566) addresses the severe...

Presumption of Suspension for Attorney Dishonesty and Abuse of Trust in Disciplinary Counsel v. Brown-O’Neal

Date: Nov 28, 2024

Presumption of Suspension for Attorney Dishonesty and Abuse of Trust in Disciplinary Counsel v. Brown-O’Neal Introduction Disciplinary Counsel v. Brown-O’Neal (2024-Ohio-5571) is a landmark Ohio...

Final Order Requirement Affirmed: Ohio Supreme Court Clarifies Appellate Jurisdiction

Date: Nov 28, 2024

Final Order Requirement Affirmed: Ohio Supreme Court Clarifies Appellate Jurisdiction Introduction In the landmark case The State ex rel. Diewald, Appellant, v. Bureau of Sentence Computation,...

State ex rel. Heilman v. Industrial Commission of Ohio: Establishing Enhanced Standards for Non-Examining Physicians in Workers' Compensation Claims

Date: Nov 27, 2024

State ex rel. Heilman v. Industrial Commission of Ohio: Establishing Enhanced Standards for Non-Examining Physicians in Workers' Compensation Claims Introduction In the landmark case State ex rel....