Ohio Case Commentaries

Ohio Supreme Court Validates Overlay Zoning's Land Use Regulations in Environmental Quality Districts

Date: Apr 9, 1987

Ohio Supreme Court Validates Overlay Zoning's Land Use Regulations in Environmental Quality Districts Introduction Franchise Developers, Inc. et al. v. City of Cincinnati et al., 30 Ohio St. 3d 28...

Mootness of Appeal in Criminal Proceedings: Insights from State of Ohio v. Berndt

Date: Mar 5, 1987

Mootness of Appeal in Criminal Proceedings: Insights from State of Ohio v. Berndt Introduction The case of The State of Ohio v. Berndt, decided by the Supreme Court of Ohio on March 4, 1987,...

Establishing Probable Cause in Toxic Exposure Cases: Insights from Shumaker v. Cannon Sons

Date: Dec 31, 1986

Establishing Probable Cause in Toxic Exposure Cases: Insights from Shumaker v. Cannon Sons Introduction The landmark case Shumaker v. Oliver B. Cannon Sons, Inc., decided by the Supreme Court of Ohio...

Exemption of Personal Earnings in Bank Accounts: Ohio Supreme Court's R.C. 2329.66 Interpretation

Date: Dec 31, 1986

Exemption of Personal Earnings in Bank Accounts: Ohio Supreme Court's R.C. 2329.66 Interpretation Introduction The case Daugherty v. Central Trust Company of Northeastern Ohio, N.A. (28 Ohio St. 3d...

Causation in Comparative Negligence: Insights from OSLER v. CITY OF LORAIN

Date: Dec 27, 1986

Causation in Comparative Negligence: Insights from OSLER v. CITY OF LORAIN Introduction OSLER, APPELLEE AND CROSS-APPELLANT, v. CITY OF LORAIN, APPELLANT AND CROSS-APPELLEE (28 Ohio St. 3d 345),...

No Duty for Natural Accumulation of Snow and Ice: Supreme Court of Ohio Affirms Liability Barriers

Date: Dec 27, 1986

Limits of Municipal and Property Owner Liability for Snow and Ice Accumulation: Supreme Court of Ohio Affirms Summary Judgments Introduction The case of Lopatkovich v. City of Tiffin et al. (28 Ohio...

Retroactive Application of Land Contract Laws Violates Ohio Constitution: KISER v. COLEMAN

Date: Dec 27, 1986

Retroactive Application of Land Contract Laws Violates Ohio Constitution: KISER v. COLEMAN Introduction The case of KISER, ADMR., ET AL., APPELLEES, v. COLEMAN ET AL., APPELLANTS (28 Ohio St. 3d 259,...

No Duty on Ohio Landlords to Clear Natural Accumulations of Ice and Snow in Common Areas Under R.C. 5321.04(A)(3)

Date: Dec 27, 1986

No Duty on Ohio Landlords to Clear Natural Accumulations of Ice and Snow in Common Areas Under R.C. 5321.04(A)(3) Introduction In the landmark case LACOURSE, APPELLEE, v. FLEITZ, APPELLANT (28 Ohio...

Preservation of Evidentiary Issues Post Motion in Limine: Insights from State v. Grubb

Date: Dec 27, 1986

Preservation of Evidentiary Issues Post Motion in Limine: Insights from State of Ohio v. Grubb Introduction State of Ohio v. Grubb (28 Ohio St.3d 199, 1986) is a seminal case adjudicated by the...

Separation of Powers Reinforced: Ohio Supreme Court Invalidates Portions of R.C. 4509.101

Date: Dec 27, 1986

Separation of Powers Reinforced: Ohio Supreme Court Invalidates Portions of R.C. 4509.101 Introduction In City of South Euclid, Appellant, v. Jemison, Appellee (28 Ohio St. 3d 157, 1986), the Supreme...

Finality of Judgments Reinforced: Civil Rule 60(B) Not a Substitute for Appeal in Light of Unrelated Legal Changes

Date: Dec 25, 1986

Finality of Judgments Reinforced: Civil Rule 60(B) Not a Substitute for Appeal in Light of Unrelated Legal Changes Introduction The case of Doe, a Minor, Appellee vs. Trumbull County Children...

Ohio Supreme Court Establishes Harmless Error Standard for Competency Hearing Failures

Date: Dec 25, 1986

Ohio Supreme Court Establishes Harmless Error Standard for Competency Hearing Failures Introduction In the landmark case of The State of Ohio v. Bock, 28 Ohio St.3d 108 (1986), the Supreme Court of...

Use of University Gymnasium Does Not Constitute 'Recreational Use' Under R.C. 1533.18(B): LIGHT v. OHIO UNIVERSITY

Date: Dec 25, 1986

Use of University Gymnasium Does Not Constitute 'Recreational Use' Under R.C. 1533.18(B): LIGHT v. OHIO UNIVERSITY Introduction In the landmark case Light et al., Appellees, v. Ohio University,...

Default Judgment and Notice Requirements under Civ. R. 55(A): Insights from Ohio Valley Radiology Associates v. Ohio Valley Hospital Association

Date: Dec 25, 1986

Default Judgment and Notice Requirements under Civ. R. 55(A): Insights from Ohio Valley Radiology Associates v. Ohio Valley Hospital Association Introduction The case of Ohio Valley Radiology...

Ohio Supreme Court Invalidates Statutory Limitations on Medical Malpractice Claims for Minors

Date: Dec 23, 1986

Ohio Supreme Court Invalidates Statutory Limitations on Medical Malpractice Claims for Minors Introduction The case of Mominee et al. v. Scherbarth et al. consolidated with several other appeals,...

Supreme Court of Ohio Establishes Administrative Reconsideration Authority Within Statutory Appeal Period

Date: Dec 20, 1986

Supreme Court of Ohio Establishes Administrative Reconsideration Authority Within Statutory Appeal Period Introduction In the landmark case of Hal Artz Lincoln-Mercury, Inc. et al. v. Ford Motor...

Lack of Notice Standard in Highway Maintenance: McClellan v. Ohio Department of Transportation

Date: Dec 19, 1986

Lack of Notice Standard in Highway Maintenance: McClellan v. Ohio Department of Transportation Introduction The case of McClellan et al., Appellants v. Ohio Department of Transportation et al.,...

Balancing Nursing Home Resident Rights and Medical Advisability: Ohio v. Otten

Date: Dec 18, 1986

Balancing Nursing Home Resident Rights and Medical Advisability: Ohio v. Otten Introduction Ohio v. Otten is a significant appellate decision from the Court of Appeals of Ohio, rendered on December...

Revocation of Pro Hac Vice Admission Due to Attorney Misconduct: Royal Indemnity Co. v. J.C. Penney Co.

Date: Nov 27, 1986

Revocation of Pro Hac Vice Admission Due to Attorney Misconduct: Royal Indemnity Co. v. J.C. Penney Co. Introduction The case of Royal Indemnity Company, et al. v. J.C. Penney Company, Inc. et al.,...

Enhanced Obligations for Employers to Provide Accessible Safety Mechanisms: Analysis of THE STATE, EX REL. A-F INDUSTRIES v. INDUSTRIAL COMMISSION OF OHIO

Date: Aug 26, 1986

Enhanced Obligations for Employers to Provide Accessible Safety Mechanisms: Analysis of THE STATE, EX REL. A-F INDUSTRIES v. INDUSTRIAL COMMISSION OF OHIO Introduction The case of THE STATE, EX REL....