Ohio Case Commentaries

Finality of Immunity Denial Under R.C. 2744.02(C): Insights from HUBBELL v. CITY OF XENIA

Date: Oct 4, 2007

Finality of Immunity Denial Under R.C. 2744.02(C): Insights from HUBBELL v. CITY OF XENIA Introduction HUBBELL v. CITY OF XENIA, 115 Ohio St.3d 77 (2007), is a landmark decision by the Supreme Court...

Ohio Supreme Court Affirms Survival of Environmental Monitoring Obligations Post-Contract Termination and Recognizes SWMD as Public Utility

Date: Oct 4, 2007

Ohio Supreme Court Affirms Survival of Environmental Monitoring Obligations Post-Contract Termination and Recognizes SWMD as Public Utility Introduction The case of The City of St. Marys v. Auglaize...

Mandatory Expert Testimony for Causation in Mold-Exposure Cases: Terry v. Caputo et al.

Date: Oct 4, 2007

Mandatory Expert Testimony for Causation in Mold-Exposure Cases: Terry v. Caputo et al. Introduction TERRY ET AL., APPELLEES, v. CAPUTO ET AL., APPELLANTS. (115 Ohio St. 3d 351) is a significant case...

Ohio Supreme Court Establishes Conditions for Waiver of Juvenile's Right to Counsel in Delinquency Proceedings

Date: Sep 28, 2007

Ohio Supreme Court Establishes Conditions for Waiver of Juvenile's Right to Counsel in Delinquency Proceedings Introduction The Supreme Court of Ohio's decision in IN RE C.S., 115 Ohio St. 3d 267...

Clarifying Duty to Defend in Umbrella Insurance Policies: Cincinnati Insurance Co. v. CPS Holdings

Date: Sep 28, 2007

Clarifying Duty to Defend in Umbrella Insurance Policies: Cincinnati Insurance Co. v. CPS Holdings Introduction The case of Cincinnati Insurance Company, Appellant, et al., v. CPS Holdings, Inc.,...

Supreme Court of Ohio Establishes Broader Duty to Defend in Sexual Harassment Cases

Date: Sep 28, 2007

Supreme Court of Ohio Establishes Broader Duty to Defend in Sexual Harassment Cases Introduction In the landmark case of Ohio Government Risk Management Plan v. Harrison et al., decided by the...

Ohio Supreme Court Rules Against Common-Law Wrongful Discharge Claim for Age Discrimination

Date: Sep 28, 2007

Ohio Supreme Court Rules Against Common-Law Wrongful Discharge Claim for Age Discrimination Introduction In Leininger v. Pioneer National Latex et al., decided on September 27, 2007, the Supreme...

Forfeiture of Sixth Amendment Rights in Sentencing: Analysis of State v. Payne

Date: Sep 27, 2007

Forfeiture of Sixth Amendment Rights in Sentencing: Analysis of State v. Payne Introduction State of Ohio v. Payne, 114 Ohio St.3d 502 (2007), is a pivotal case decided by the Supreme Court of Ohio....

Premature Appeals and Judicial Jurisdiction: Insights from THE STATE EX REL. EVERHART v. McINTOSH

Date: Sep 21, 2007

Premature Appeals and Judicial Jurisdiction: Insights from THE STATE EX REL. EVERHART v. McINTOSH Introduction In the landmark case of The State Ex Rel. Everhart v. McIntosh, decided by the Supreme...

Peters v. Columbus Steel Castings Co.: Affirmation of Separate Arbitrable Wrongful-Death Claims

Date: Sep 21, 2007

Peters v. Columbus Steel Castings Co.: Affirmation of Separate Arbitrable Wrongful-Death Claims Introduction The case of Peters v. Columbus Steel Castings Co. revolves around the enforceability of an...

Limitation of the Privity Exception in Legal Malpractice Claims: Insights from LeRoy v. Allen et al.

Date: Jul 19, 2007

Limitation of the Privity Exception in Legal Malpractice Claims: Insights from LeRoy v. Allen et al. Introduction The case of LeRoy et al. v. Allen, Yurasek Merklin et al. (114 Ohio St.3d 323)...

Void Sentences Due to Failure of Post-Release Control Notification: Insights from State v. Bezak (2007)

Date: Jul 12, 2007

Void Sentences Due to Failure of Post-Release Control Notification: Insights from State v. Bezak (2007) Introduction State of Ohio v. Bezak (2007) is a landmark decision by the Supreme Court of Ohio...

Stability in Child Custody Modifications: Upholding R.C. 3109.04(E)(1)(a) under Ohio Law

Date: May 31, 2007

Stability in Child Custody Modifications: Upholding R.C. 3109.04(E)(1)(a) under Ohio Law Introduction The case of IN RE BRAYDEN JAMES adjudicated by the Supreme Court of Ohio on May 30, 2007,...

Reasonable Prolongation of Traffic Stops for Canine Searches Under the Fourth Amendment

Date: May 24, 2007

Reasonable Prolongation of Traffic Stops for Canine Searches Under the Fourth Amendment Introduction State of Ohio v. Batchili, 113 Ohio St. 3d 403 (2007), adjudicated by the Supreme Court of Ohio,...

Reclassification Standards in Sex-Offender Proceedings: Ohio Supreme Court's Decision in State v. Wilson

Date: May 24, 2007

Reclassification Standards in Sex-Offender Proceedings: Ohio Supreme Court's Decision in State v. Wilson Introduction The Supreme Court of Ohio, in the case of The State of Ohio v. Wilson (2007),...

Abrogation of Governmental Immunity in Ohio Nursing Home Patients' Bill of Rights: Cramer v. Auglaize Acres

Date: May 10, 2007

Abrogation of Governmental Immunity in Ohio Nursing Home Patients' Bill of Rights: Cramer v. Auglaize Acres Introduction Cramer, Admr., Appellant, v. Auglaize Acres et al., Appellees is a landmark...

Validating Written Waivers of Counsel in DUI Penalty Enhancement: The Brooke Decision

Date: Apr 19, 2007

Validating Written Waivers of Counsel in DUI Penalty Enhancement: The Brooke Decision Introduction The case The State of Ohio v. Brooke (113 Ohio St. 3d 199) addressed the critical issue of whether...

Declaratory Judgment Actions against Insureds Post-Galatis: Ohio Supreme Court Sets New Standards

Date: Apr 5, 2007

Declaratory Judgment Actions against Insureds Post-Galatis: Ohio Supreme Court Sets New Standards Introduction The Supreme Court of Ohio, in Mid-American Fire Casualty Company et al. v. Heasley, 113...

Affirmation of Substantial Compliance Standard for Field Sobriety Tests in Ohio

Date: Apr 5, 2007

Affirmation of Substantial Compliance Standard for Field Sobriety Tests in Ohio Introduction In the landmark case State of Ohio v. Boczar, 113 Ohio St.3d 148 (2007), the Supreme Court of Ohio...

Strict Privity Required: Limits of Offensive Claim Preclusion in Ohio Jurisprudence

Date: Mar 29, 2007

Strict Privity Required: Limits of Offensive Claim Preclusion in Ohio Jurisprudence Introduction The case of O'NESTI ET AL. v. DEBARTOLO REALTY CORPORATION ET AL. (113 Ohio St. 3d 59) adjudicated by...