My two senior student contributors, Jefferson Kisor and Kristen Elia, have now graduated, and are studying for the bar exam. I want to thank them both for the excellent work they have done on the blog, and wish them well in their legal careers. Jefferson is headed to Thompson Hine; Kristen to Frost Brown Todd.
Marianna Bettman
What’s On Their Minds: Are Custodians of Self-Directed IRAs Liable for Purchasing Illegal Securities? Cynthia Boyd; Thomas Flanders v. Kingdom Trust Company; PENSCO Trust Company; John Does 1-25
By Marianna Bettman on
Update: On August 9, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“What was it that the trust did that aided the seller in making the sale?”
Justice O’Donnell, to counsel for the Investors
On May 22, 2018, the Supreme Court of Ohio heard oral…
What’s On Their Minds: Are Custodians of Self-Directed IRAs Liable for Purchasing Illegal Securities? Cynthia Boyd; Thomas Flanders v. Kingdom Trust Company; PENSCO Trust Company; John Does 1-25
By Marianna Bettman on
Update: On August 9, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“What was it that the trust did that aided the seller in making the sale?”
Justice O’Donnell, to counsel for the Investors
On May 22, 2018, the Supreme Court of Ohio heard oral…
Guest Post. In Sharper Focus: Standing in Ohio Courts: Divergence From and Convergence with Federal Law
By Marianna Bettman on
*This guest post was co-authored by Professor Michael Solimine and Kristen Elia. Professor Solimine is the Donald P. Klekamp Professor of Law at the University of Cincinnati College of Law. He has written extensively on the topic of standing and civil procedure, and was a signatory to an amicus curiae brief filed on behalf of…
Toledo Abortion Clinic Gets New License, Now Permitted to Resume Surgical Abortions.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, Uncategorized
On February 6, 2018, the Supreme Court of Ohio held the license of Capital Care Network of Toledo, Northwest Ohio’s last remaining abortion clinic, was properly revoked by the Ohio Department of Health for failure to have an appropriate written transfer agreement with a hospital. Read an analysis of that decision here.
Shortly after this…
Oral Argument Preview: Are Custodians of Self-Directed IRAs Liable for Purchasing Illegal Securities? Cynthia Boyd; Thomas Flanders v. Kingdom Trust Company; PENSCO Trust Company; John Does 1-25
By Marianna Bettman on
Update: On August 9, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read an analysis of the argument here.
On May 22, 2018, the Supreme Court of Ohio will hear oral argument in the case of Cynthia Boyd; Thomas Flanders v. Kingdom Trust Co., PENSCO…
Merit Decision: Court Declines to Expand Spoliation Tort. Elliott-Thomas v. Smith.
By Marianna Bettman on
On May 8 2018, the Supreme Court of Ohio handed down a merit decision in Elliott-Thomas v. Smith, 2018-Ohio-1783. The court accepted the case on the following certified conflict question:
“Does the tort of intentional interference with or destruction of evidence include claims alleging interference with or concealment of evidence that disrupt a plaintiff’s…
Merit Decision: Court Declines to Expand Spoliation Tort. Elliott-Thomas v. Smith.
By Marianna Bettman on
On May 8 2018, the Supreme Court of Ohio handed down a merit decision in Elliott-Thomas v. Smith, 2018-Ohio-1783. The court accepted the case on the following certified conflict question:
“Does the tort of intentional interference with or destruction of evidence include claims alleging interference with or concealment of evidence that disrupt a plaintiff’s…
What’s On Their Minds: Should A Defendant’s Present and Future Ability to Pay be Considered When Assessing Court Costs? State of Ohio v. James. L. Dunson.
By Marianna Bettman on
Update: Read about the disposition of this case here
“So are you suggesting that we should interpret the statute to indicate that the trial court must always hold a hearing on the ability to pay costs, or only if it’s requested or depends on the facts of the case?”
Justice DeGenaro, to counsel for the…
What’s On Their Minds: Does Failure to Hold Timely Face-to-Face Meeting with Delinquent Borrower Bar Mortgage Foreclosure Action? Wells Fargo Bank, N.A. v. A. Christopher M. Burd f.k.a. Christopher M. Burd et al.
By Marianna Bettman on
Update: On September 27 2018, the Supreme Court of Ohio dismissed this appeal as improvidently accepted. Read more about that here.
“It seems so messy to be fighting about whether a mediation in a prior iteration of the complaint counts.”
Justice DeWine to counsel for Wells Fargo
“Where does it clearly say that you can’t…