Merit Decisions

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On December 6, 2012, the Supreme Court handed down a merit decision in D.W. v. T.L.,  2012-Ohio-5743. Writing for a unanimous Court, Justice Cupp held that under the Court’s existing precedent, the test in a name change case is the best interest of the child, which in this case was to keep the mother’s name. …

On December 6, 2012, the Supreme Court handed down a merit decision in D.W. v. T.L.,  2012-Ohio-5743. Writing for a unanimous Court, Justice Cupp held that under the Court’s existing precedent, the test in a name change case is the best interest of the child, which in this case was to keep the mother’s name. …

Update: Read what happened to this case on remand here.

On December 6, 2012, the Supreme Court of Ohio handed down a merit decision in State v. Gardner, 2012-Ohio-5683. This is a honey of a decision, authored by Chief Justice O’Connor for a unanimous (yes!) Court. The Court held that it is error…

On December 6, 2012, the Supreme Court of Ohio handed down a merit decision in Ruther v. Kaiser, 2012-Ohio-5686 . In a 6-1 opinion written by Justice Lanzinger, the Court upheld the constitutionality of the medical malpractice statute of repose. Justice McGee Brown wrote a short separate concurrence. Justice Pfeifer dissented. (No, this isn’t my…

On December 6, 2012, the Supreme Court handed down a merit decision in Houdek v. ThyssenKrupp Materials, N.A., Inc., 2012-Ohio-5685. The case was argued June 20, 2012.  In a 6-1 decision authored by Justice O’Donnell, the Court held that there was no evidence of an employer intentional tort in this case, and reinstated the trial…

On December 6, 2012, the Supreme Court handed down a merit decision in Houdek v. ThyssenKrupp Materials, N.A., Inc., 2012-Ohio-5685. The case was argued June 20, 2012.  In a 6-1 decision authored by Justice O’Donnell, the Court held that there was no evidence of an employer intentional tort in this case, and reinstated the trial…

Update: Read what happened on remand in this case here.

Ok, since the high court has now released its entire backlog of cases, I’ve got to start the blog somewhere.  Since I teach torts, I’ve never been able to resist the case of Smith v. Landfair, so I’ll start there.  On December 6, 2012,…

On December 5, 2012, the Supreme Court announced a merit decision in State v. Raber, 2012-Ohio-5636  The case was argued August 21, 2012. In a 6-1 decision written by Justice O’Donnell, the Court held that a trial court had no jurisdiction to classify Raber as a sex offender fourteen months after entering its judgment of…