On August 28, 2014, the Supreme Court of Ohio handed down a merit decision in Hauser v. Dayton Police Dept.,2014-Ohio-3636. In a 4-3 opinion written by Justice French, the Court held that a political subdivision supervisory employee is immune from liability in an employment discrimination claim brought by a departmental underling. Justice O’Donnell
Marianna Bettman
Oral Argument Preview. Is a Single Trash Pull Enough for a Search Warrant? State of Ohio v. Lauren Jones
Update: On February 12, 2015 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On September 9, 2014, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Lauren Jones, 2013-2023.…
Merit Decision. Responsibility of Realtor for Agent’s Fraud is Question of Fact, not Law. Auer v. Paliath.
Update: This case was settled on January 17, 2017, and dismissed February 6, 2017.
On August 28, 2014, the Supreme Court of Ohio handed down a merit decision in Auer v. Paliath, 2014-Ohio-3632. In a 5-2 opinion written by Justice French, the Court held that the question of the vicarious liability of a real…
Merit Decision. Responsibility of Realtor for Agent’s Fraud is Question of Fact, not Law. Auer v. Paliath.
Update: This case was settled on January 17, 2017, and dismissed February 6, 2017.
On August 28, 2014, the Supreme Court of Ohio handed down a merit decision in Auer v. Paliath, 2014-Ohio-3632. In a 5-2 opinion written by Justice French, the Court held that the question of the vicarious liability of a real…
What Happened on Remand: A Couple of Zoning Cases.
Moore v. Middletown
In 2012, in Clifton v. v. Blanchester, 2012-Ohio-780, the Supreme Court of Ohio held that a property owner outside the corporate limits of the village involved could not challenge the re-zoning of a contiguous business within the village limits, nor bring a regulatory-takings claim against the village.
The same day Clifton was…
What Happened on Remand: Smith v. Landfair. It’s Not Over Yet.
Case Background
In 2007, Donald Landfair, then 78 years old, boarded two of his horses, including Green Acre Annie (“Annie”) at Rochel Smith’s father’s stables. Rochel Smith was barn manager there. In March of 2007, Landfair transported his horses by trailer to a blacksmith to be shod. As Landfair was unloading Annie from the trailer…
What Happened on Remand: M.H. v. Cuyahoga Falls. No Recovery for Plaintiff in Diving Board Accident.
Further Update: This case was set for a jury trial on August 17, 2015, and settled on August 15.
Update: Read about Chapter III of this case here.
Case Background
In May of 2006, M.H., then a minor, broke his knee in a diving board accident at the Cuyahoga Falls Natatorium and Wellness Center. The…
What Happened on Remand: State v. Ramey. Defendant’s Speedy Trial Rights Violated. No Reasonable Basis for Delay.
Case Background
On October 7, 2009, Keith Ramey and Jonathan Keeton were arrested and indicted for aggravated robbery, felonious assault, and breaking and entering. The state opted to try the two defendants together. After their arrest, Keeton was released on bond, but Ramey remained jailed until the trial.
At a pretrial conference, lawyers for both…
What Happened on Remand: Doss v. State. Compensation for Actual Innocence Hangs in the Balance.
Update: On July 26, 2016, Doss was found not to be a wrongfully-imprisoned person. Read more about that here.
Case Background.
In 2006, Iran Doss was convicted of kidnapping and rape, and sentenced to four years in prison. The charges arose from a night of drinking on New Year’s eve, 2004. The victim, J.P., ended…
What Happened on Remand: State v. Lalain. From Lots of Restitution to None.
Case Background
Daniel Lalain worked as an engineer for Aero-Instruments, a Cleveland company that designed aviation and aerospace components. Lalain resigned suddenly, and took with him numerous documents and copies of electronic files related to the work he had done. He also kept two probes he had taken home for testing.
Aero-Instruments filed a civil…