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The case of Houdek et al. v. ThyssenKrupp Materials, NA, 2011-1076 is all about the employer intentional tort, as if any more could be said about this topic. To paraphrase President Ronald Reagan, here we go again.
Let’s start with some very basic fundamentals, probably known to all (but as a law professor I can’t…
Tracy Ruther, v. George Kaiser, D.O., et al, challenges the constitutionality of the medical malpractice statute of repose. Let’s take a closer look at statutes of repose.
Both statutes of repose and statutes of limitations can bar a claim, but they are different. A statute of limitations limits the time in which a plaintiff may…
Tracy Ruther, v. George Kaiser, D.O., et al, challenges the constitutionality of the medical malpractice statute of repose. Let’s take a closer look at statutes of repose.
Both statutes of repose and statutes of limitations can bar a claim, but they are different. A statute of limitations limits the time in which a plaintiff may…
Back in the day, before Feb 1, 2007 when the Supreme Court of Ohio adopted the Model Rules-based Rules of Professional Conduct, Ohio had a Code of Professional Responsibility, made up of canons, disciplinary rules, and ethical considerations. DR7-101 was titled “zealous representation of a client.” All of us of a certain age, or a…
This post was written by Student Contributor Greg Kendall, a second year student at the University of Cincinnati College of Law.
In two cases it recently heard, the Ohio Supreme Court has been asked to apply the doctrine of regulatory takings to new fact situations involving owners of land contiguous to property that was re-zoned…
In two torts cases it has heard recently, Burlingame v. Estate of Burlingame, and Estate of Anderson v. City of Massillon, the Supreme Court of Ohio is tackling the definition of recklessness in order to determine whether firefighters on emergency runs are entitled to immunity for fatal accidents they caused. Under R.C. 2744.03(A)(6)(b)…
The case of In re M.W., 2011-0215, argued on December 6, raised once again the argument that when it comes to crime and punishment, juveniles are different from adults. Here are a trio of recent U.S.Surpeme Court decisions on this point, all cited in M.W.’s brief.
In 2005, in Roper v. Simmons, 543…
Update: Read an analysis of the merit decision in the J.V. case here.
Ohio’s Serious Youthful Offender statute works like this. The statute allows for a “blended” sentence, which is part juvenile disposition, part adult sentence. First, if warranted, in addition to the juvenile disposition, the juvenile judge imposes a stayed adult sentence on a…
The Supreme Court of Ohio has signaled its intent to further address some issues dealing with failure to register under Ohio’s version of Megan’s Law and the Adam Walsh Act.
In 1994, when a convicted New Jersey sex offender raped and killed a neighbor’s child, New Jersey passed “Megan’s Law,” which required sex offenders to…
In State v. Gunnell, the trial court granted a mistrial in a non-capital murder case because during deliberations one of the jurors brought into the jury room independent research she had done on the internet on the definition of involuntary manslaughter.
At oral argument Justice O’Donnell asked why an alternate juror hadn’t been selected to…
