On September 23, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Quarterman,2014-Ohio-4034. The defendant in this case raised a constitutional challenge to Ohio’s mandatory bind-over statutes. In a unanimous opinion written by Justice Terrence O’Donnell, in which Justice Judy Lanzinger concurred in judgment only, the Court
Merit Decisions
Merit Decision. Failure to Raise Constitutional Challenges Below Proves Fatal. State v. Quarterman.
By Marianna Bettman on
On September 23, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Quarterman,2014-Ohio-4034. The defendant in this case raised a constitutional challenge to Ohio’s mandatory bind-over statutes. In a unanimous opinion written by Justice Terrence O’Donnell, in which Justice Judy Lanzinger concurred in judgment only, the Court…
Merit Decision. Former Cedar Fair COO Does Not Get His Job Back. Cedar Fair, L.P. v. Falfas
By Marianna Bettman on
Update: This case has now been settled. No details are publicly available. On May 7, 2015, the trial court granted a joint motion to dismiss all claims with prejudice. A satisfaction and release of certificate of judgment was filed on 5/15/2015.
On September 18, 2014, the Supreme Court of Ohio handed down a merit decision…
Merit Decision: Political Subdivision Supervisor Has Immunity for Employment Discrimination Claim. Hauser v. Dayton Police Dep’t.
By Marianna Bettman on
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…
Merit Decision. Responsibility of Realtor for Agent’s Fraud is Question of Fact, not Law. Auer v. Paliath.
By Marianna Bettman on
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.
By Marianna Bettman on
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: Condition Precedent Language in a Contract Means Pay-if-Paid. Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp.
By Marianna Bettman on
On July 17, 2014, the Supreme Court of Ohio handed down a merit decision in Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp.,2014-Ohio-3095. In a 5-2 opinion authored by Justice Kennedy, the Court held that a contract for work performed by a subcontractor for a general contractor which contains a provision that…
Update on State v. Clark: U.S. Supreme Court Bound?
By Marianna Bettman on
On October 2, 2014, the U.S. Supreme Court granted cert. in Ohio v. Clark. 13-1352.
On October 30, 2013, the Supreme Court of Ohio handed down a merit decision in State v. Clark, 2013-Ohio-4731. In a 4-3 decision written by Justice O’Donnell, for himself and Justices Pfeifer, Kennedy and O’Neill, the Court held that a…
Merit Decision: Court May Exclude Child From Disputed Custody Modification Proceeding. In re A.G.
By Marianna Bettman on
On June 19, 2014 the Supreme Court of Ohio handed down a merit decision in In re A.G., 2014-Ohio-2597. In a 5-2 opinion authored by Chief Justice O’Connor, the Court held that in ongoing child-custody litigation arising from a divorce, a child is not a proper party, and has no due process right to…
Merit Decision: Court May Exclude Child From Disputed Custody Modification Proceeding. In re A.G.
By Marianna Bettman on
On June 19, 2014 the Supreme Court of Ohio handed down a merit decision in In re A.G., 2014-Ohio-2597. In a 5-2 opinion authored by Chief Justice O’Connor, the Court held that in ongoing child-custody litigation arising from a divorce, a child is not a proper party, and has no due process right to…