On November 21, 2012, the Supreme Court handed down a merit decision in Branch v. Cleveland Clinic Found., 2012-Ohio-5345. The case was argued June 20, 2012. In a 6-1 decision written by Justice McGee Brown, the Court reinstated a jury verdict in favor of the Clinic, reversing the court of appeals on a number
Marianna Bettman
Merit Decision. Some Medical Malpractice Fundamentals. Branch v. Cleveland Clinic Foundation.
On November 21, 2012, the Supreme Court handed down a merit decision in Branch v. Cleveland Clinic Found., 2012-Ohio-5345. The case was argued June 20, 2012. In a 6-1 decision written by Justice McGee Brown, the Court reinstated a jury verdict in favor of the Clinic, reversing the court of appeals on a number…
Merit Decision: Court Establishes a Narrow Definition of Equipment Safety Guard in Workplace Intentional Tort Case. Hewitt v. L.E. Myers Co.
On November 20, 2012, the Supreme Court handed down a merit decision in Hewitt v. L.E. Myers Co. 2012-Ohio-5317. The case was argued September 25, 2012. In a 6-1 decision written by Justice Stratton, the Court defined “equipment safety guard” as “a device designed to shield the operator from exposure to or injury by…
Merit Decision. No immunity for Diving Board Accident at Indoor Municipal Swimming Pool. M.H. v. Cuyahoga Falls.
Update: Read what happened on remand in this case here and here.
On November 20, 2012 the Court handed down a merit decision in M.H. v. Cuyahoga Falls, 2012-Ohio-5336. (when the case was originally argued, the minor’s name was in the caption, but due to a rule change, initials have been substituted.) The case…
Merit Decision: No Statutory Duty Between Colliding Skiers. Recovery only at Common Law and only if Recklessness is Proven. Horvath v. Ish.
Update: this case was settled and dismissed on May 19, 2015.
November 20, 2012, the Supreme Court of Ohio handed down a merit decision in Horvath v. Ish, 2012-Ohio-5333. The case was argued April 25, 2012. By a 6-1 majority, in a decision written by Justice Stratton, the Court held that R.C. Chapter…
The List.
In case you missed the list of those who put in their names to Gov. Kasich to replace retiring Justice Evelyn Stratton, here it is. It is interesting how many folks applied from Southwestern Ohio—an area generally underrepresented on the Ohio Supreme Court, although Justice-elect Sharon Kennedy is from Butler County.
Appellate Judges Who have …
The Avalanche Begins.
On November 20, 2012, the high court released three decisions from my “Burning the Midnight Oil” post list. Here they are, with the issue and short answer. I’ll blog more fully on them in the upcoming days.
Angel L. Horvath et. al. v. David Ish et. al. #2011-1089.
This case involves the interpretation of sports…
One Less Contender for Justice Stratton’s Seat.
Justice Robert Cupp, defeated in the election by challenger William O’Neill, announced that he would not put his name in to be considered for appointment by Gov. Kasich to the unexpired portion of Justice Stratton’s term when she leaves the Court at year’s end, ending speculation that he might.
Justice Cupp released this statement November…
The Disruption of Judicial Elections, Part III. Burning the Midnight Oil.
So many cases, so little time. With three incumbent justices leaving the Court, there’s going to be a lot of burning the midnight oil to get cases under submission released. One question I’ve been asked hypothetically is whether the four justices remaining—O’Donnell, Pfeifer, Lanzinger, and Chief Justice O’Connor — could decide any submitted cases that…
The Disruption of Judicial Elections. The Morning After.
The Supreme Court of Ohio is about to have a dramatic make-over.
As I said in my October 16 post, judicial elections can be disruptive to the Court’s ongoing business. And this one will be. Two incumbents, Republican Robert Cupp and Democrat Yvette McGee Brown were defeated yesterday. Cupp was first elected to the…