Merit Decisions

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On October 17, 2013, the Supreme Court of Ohio handed down a merit decision in Ries v. Ohio State Univ. Med. Ctr., 2013-Ohio-4545.  In a 5-2 decision written by Justice O’Donnell, the Court held that a doctor who works for a state medical school is entitled to personal immunity from malpractice when providing clinical…

On October 16, 2013, the Supreme Court of Ohio handed down a merit decision in Pauley v. Circleville, 2013-Ohio-4541  In a 5-2 decision written by Justice Kennedy, the Court held that the city was not liable for the injuries to a teenager who was sled-riding in a city park, since the city owed no…

Update: Read what happened on remand here.

On September 5, 2013 the Supreme Court of Ohio handed down a merit decision in State v. Ricks, 2013-Ohio-3712.  The issue was whether it was proper in this case to admit a non-testifying accomplice’s out-of-court statements through the testimony of an investigating police officer. Although the Court…

On July 18, 2013, the Supreme Court handed down a merit decision in Leopold v. Ace Doran Hauling & Rigging Co., 2013-Ohio-3107. By a 4-3 vote, the Court held that the physician-patient privilege, codified at R.C. 2317.02, does not protect medical records that a patient has previously disclosed in previous litigation from the…

Read what happened on remand in this case here.

On July 17, 2013 the Supreme Court of Ohio handed down a merit decision in the case of Vacha v. N. Ridgeville,  2013-Ohio-3020. The case was accepted on both certified conflict and discretionary appeal. The issues in the case are whether R.C. 2744.09(B), an exception…

On April 30, 2013, the Supreme Court handed down a merit decision in State v. Smith, Slip Opinion No. 2013-Ohio-1698.  This guest post on the merit decision in this case is by my colleague Kenyatta Mickles, Director of the University of Cincinnati College of Law Domestic Violence and Civil Protection Order Clinic.   In a 4-3…

On May 14, 2013, the Supreme Court handed down a merit decision in Anderson v. Barclay’s Capital Real Estate, Inc., 2013-Ohio-1933.   By a vote of 5-2 (Justice French concurred in judgment only, but wrote nothing separately) the Court held that mortgage servicing is not covered under the Ohio Consumer Sales Practice Act. (CSPA). Chief Justice…

On April 23, 2013, the Supreme Court of Ohio handed down a merit decision in Estate of Johnson v. Randall Smith, Inc., 2013-Ohio-1507. In a unanimous decision written by Justice Lanzinger, in which Justices O’Donnell and Pfeifer concurred in judgment only, the Court held that Ohio’s apology statute, R.C. 2317.43, applies to any…