On October 14, 2014, the Supreme Court of Ohio handed down a merit decision in Schill v. Cincinnati Ins. Co., 2014-Ohio-4527. At issue in the case was the availability of umbrella coverage from an insurance policy in a wrongful death case. The answer turned on the definition of domicile in the policy. In a
Marianna Bettman
What Happened on Remand: Michael Hawsman v. Cuyahoga Falls, Part III. Plaintiff Finally Gets Day in Court for Diving Board Accident.
Case Background
When this accident happened Michael Hawsman was twelve years old; he is now an adult, which is why the case caption now lists his full name instead of his initials. Speedy justice this is not.
In May of 2006 Michael broke his knee in a diving board accident at the Cuyahoga Falls Natatorium…
Merit Decision: Standing and Subject Matter Jurisdiction. A Field Day for Civil Procedure Geeks. Bank of Am., N.A. v. Kuchta
On October 8, 2014, the Supreme Court of Ohio handed down a merit decision in Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275. In a 5-2 opinion written by Chief Justice O’Connor, for herself and Justices Lanzinger, O’Donnell, French, and Kennedy, the court answered the following certified conflict question in the negative:
“When a defendant…
What Happened on Remand: Plaintiffs win again in Medical Negligence Case. Even more this time. Moretz v. Estate of Muakkassa
Update: On November 25, 2014, the plaintiffs filed a satisfaction of judgment in the case.
Case Background
Larry Moretz had suffered from acute back pain for many years. In 2005, Dr. Kamel Muakkassa, a neurosurgeon, diagnosed Moretz with an anterior sacral menigocele, a rare type of cyst in the lower spinal cord. Muakkassa referred Moretz…
What’s on their Minds: Warrantless GPS Tracking Device, Revisited. State of Ohio v. Sudinia Johnson.
Update: On November 13, 2014, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“If Jones was on the books when your client was arrested for this illegal activity, we wouldn’t be standing here,”—Chief Justice Maureen O’Connor to defense counsel. “Knotts said it was ok to…
What’s on their Minds: Warrantless GPS Tracking Device, Revisited. State of Ohio v. Sudinia Johnson.
Update: On November 13, 2014, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“If Jones was on the books when your client was arrested for this illegal activity, we wouldn’t be standing here,”—Chief Justice Maureen O’Connor to defense counsel. “Knotts said it was ok to…
Breaking News.
The U.S. Supreme Court today, October 2, 2014, granted cert. in Ohio v. Clark. 13-1352. The two specific questions presented are:
- Does an individual’s obligation to report suspected child abuse make that individual an agent of law enforcement for purposes of the Confrontation Clause?
- Do a child’s out-of-court statements to a teacher in response to
…
Breaking News.
The U.S. Supreme Court today, October 2, 2014, granted cert. in Ohio v. Clark. 13-1352. The two specific questions presented are:
- Does an individual’s obligation to report suspected child abuse make that individual an agent of law enforcement for purposes of the Confrontation Clause?
- Do a child’s out-of-court statements to a teacher in response to
…
Student Scholarship. A Critique of the Ohio Supreme Court Decision Interpreting Ohio’s Corporate Advancement Statute in Miller v. Miller.
As previously posted, on July 3, 2012, the Supreme Court of Ohio issued a merit decision in Miller v. Miller, 2012-Ohio-2928. At issue in this case was the interpretation of Ohio’s corporate advancement statute, R.C. 1701. 13 (E)(5). In a 6-1 decision authored by Chief Justice Maureen O’Connor, the Supreme Court held…
Hiatus in Upcoming Oral Arguments. The Reality of an Elected Judiciary?
Updated October 15, 2014. Oral arguments will not resume until January 2015.
As of this morning, Tuesday September 30, 2014, there are no upcoming oral arguments posted on the Oral Argument Calendar on the Supreme Court of Ohio website. The calendar for last week’s September 23 and 24 arguments are the most recent postings, and…