On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Ratonel v. Roetzel & Andress, L.P.A, 2016-Ohio-8013. In a 6-1 decision written by Justice Pfeifer, in which Tenth District Court of Appeals Judge Betsy Luper Schuster, sitting for Chief Justice O’Connor, dissented without opinion, the court held that summary
Marianna Bettman
Merit Decision: Order Compelling Production of Documents Allegedly Protected by Attorney-Client Privilege is a Final Appealable Order. Darlene Burnham v. Cleveland Clinic, et al.
By Marianna Bettman on
Update: read what happened on remand in this case here.
On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Burnham v. Cleveland Clinic, Slip Opinion 2016-Ohio-8000. Oh my! Let me put it this way. Six justices agreed that the order compelling discovery in this particular case was final and…
Merit Decision Guest Post: Court Upholds Application of Ohio’s Commercial Activity Tax. Crutchfield Corp. v. Testa.
By Marianna Bettman on
Tax is totally not my field. But recognizing the significance of the decision in Crutchfield Corp. v. Testa, I asked my University of Cincinnati College of Law tax colleague Professor Stephanie Hunter McMahon to analyze the decision in the case. What follows is her superb guest post.
Guest Post on Crutchfield Corp. v. Testa…
Cincinnati Sends Two New Justices to the Supreme Court of Ohio: A Historical Perspective
By Marianna Bettman on
Posted in Commentary, Ohio Supreme Court Watch
Supreme Court justices are elected statewide in Ohio. Cincinnati, my hometown, hasn’t sent many justices to the Ohio high court in recent years, and now we are sending two. In the election for the two open seats being vacated by the retiring Justices Paul Pfeifer and Judy Lanzinger, First District Court of Appeals Judges Pat…
Merit Decision: Noncitizen Must be Advised of Immigration Consequences of an Admission of Guilt Required for Entry into a Pretrial Diversion Program. State v. Kona.
By Marianna Bettman on
Update: Issa Kona’s lawyer, Joe Burke, reports that on the day the decision came out, the prosecutor called to tell him the case against Kona would now be dismissed.
On November 21, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Kona, 2016-Ohio-7796. In a 4-3 opinion written by Justice…
Supreme Court of Ohio Loses Its Female Majority.
By Marianna Bettman on
Posted in Commentary, Ohio Supreme Court Watch
There were three seats on the Supreme Court of Ohio up for grabs in Tuesday’s election. Justices Judy Lanzinger and Paul Pfeifer could not run again because of age, so those were open seats. Chief Justice Maureen O’Connor had no opponent.
While the Republican dominance of the Supreme Court did not change with the election…
Merit Decision: Court Nixes Tort of Negligent Misidentification. Foley v. Univ. of Dayton.
By Marianna Bettman on
“Public policy…encourages all citizens to report crime and to come forward to aid law-enforcement officers during the investigation of those crimes. The tort of negligent misidentification would have a chilling effect on that public policy.”
Justice Sharon Kennedy.
On November 3, 2016, the Supreme Court of Ohio handed down a merit decision in Foley v.
Court Improv’s Jurisdictional Question in Unfair Labor Practice Appeal. Greater Dayton Regional Transit Auth. v. State Emp. Relations Bd.
By Marianna Bettman on
On November 2, 2016, by a vote of 5-2, the Supreme Court of Ohio dismissed as improvidently accepted Greater Dayton Regional Transit Auth. v. State Emp. Relations Bd., Slip Opinion No. 2016-Ohio-7559. Chief Justice O’Connor and Justices Lanzinger, Pfeifer, O’Neill, and O’Donnell voted to dismiss. Justices Kennedy and French dissented.
At issue in this…
What Happened on Remand: Court of Appeals Grants New Trial in Medical Malpractice Case. Cromer v. Children’s Hospital Med. Ctr. Of Akron.
By Marianna Bettman on
Update: On July 5, 2017, the Supreme Court of Ohio again accepted an appeal of this case, and again remanded it back to the Ninth District. Read more about that here.
There just must be something about this case. It was pending in the Supreme Court of Ohio for over a year before it was…
Merit Decision: Medical Malpractice Statute of Repose is Constitutional and Applies to Both Vested and Nonvested Claims. Antoon v. Cleveland Clinic Found.
By Marianna Bettman on
“Therefore, this court and the United States Supreme Court agree that statutes of repose are to be read as enacted and not with an intent to circumvent legislatively imposed time limits.”
Chief Justice Maureen O’Connor
“This case moves us one step closer to the time when the common law will be completely obliterated in Ohio.”…