Marianna Bettman

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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…

On December 6, 2012, the Supreme Court handed down a merit decision in Houdek v. ThyssenKrupp Materials, N.A., Inc., 2012-Ohio-5685. The case was argued June 20, 2012.  In a 6-1 decision authored by Justice O’Donnell, the Court held that there was no evidence of an employer intentional tort in this case, and reinstated the trial…

On December 6, 2012, the Supreme Court handed down a merit decision in Houdek v. ThyssenKrupp Materials, N.A., Inc., 2012-Ohio-5685. The case was argued June 20, 2012.  In a 6-1 decision authored by Justice O’Donnell, the Court held that there was no evidence of an employer intentional tort in this case, and reinstated the trial…

Update: Read what happened on remand in this case here.

Ok, since the high court has now released its entire backlog of cases, I’ve got to start the blog somewhere.  Since I teach torts, I’ve never been able to resist the case of Smith v. Landfair, so I’ll start there.  On December 6, 2012,…

On December 5, 2012, the Supreme Court announced a merit decision in State v. Raber, 2012-Ohio-5636  The case was argued August 21, 2012. In a 6-1 decision written by Justice O’Donnell, the Court held that a trial court had no jurisdiction to classify Raber as a sex offender fourteen months after entering its judgment of…

Further Update–turns out that was just the morning releases.  In the afternoon, the Court released another batch–probably all that were left, since Justice McGee Brown’s term has ended.

Update: The Court released 18 decisions on December 6, 2012.

On December 5, 2012, the Supreme Court announced that as part of its “year-end transition process” it…

Update: On December 31, 2012, the Supreme Court granted reconsideration in this case and replaced it with Hood II, 2012-Ohio-6208  Read the analysis of Hood II here.

On December 3, 2012, the Supreme Court handed down a merit decision in State v. Hood, Slip Opinion No. 2012-Ohio-5559. This case, argued November 8, 2011, was…

The Ohio Supreme Court announced the following schedule of swearing-in ceremonies:

  • Justice-elect Sharon L. Kennedy’s ceremony will be December 7 at 1:30 p.m. in the Supreme Court courtroom at the Thomas J. Moyer Ohio Judicial Center in Columbus.
  • Justice-elect William M. O’Neill’s ceremony will be December 27 at 7 p.m. at the Eighth District Court

…

On November 29, 2012, the Supreme Court handed down a merit decision in State v. Moore, 2012-Ohio-5479.  The case was argued May 23, 2012.  In a 6-1 decision authored by Justice Cupp, the Court held that the failure to include a mandatory fine in a sentence when an affidavit of indigency was not filed before…