On October 30, 2012 the Supreme Court of Ohio issued a merit decision in In Re J.V., 2012-Ohio-4961. The case was argued December 7, 2011. The Court unanimously upheld the constitutionality of R.C. 2152.14, which allows the juvenile court to invoke the stayed adult portion of a juvenile’s blended—i.e. part juvenile, part adult—serious youthful
Merit Decisions
Merit Decision: Court Smacks Freddie Mac in Home Foreclosure Case. Federal Home Loan Mortgage Corp. v. Schwartzwald.
On October 31, 2012, the Supreme Court of Ohio handed down a merit decision in Federal Home Loan Mortgage Corp. v. Schwartzwald, 2012-Ohio-5017. The case was argued April 4, 2012. The Court accepted the case on conflict certification, to resolve a split among the First, Second, and Eighth appellate districts, and on discretionary appeal on…
Merit Decision: Due Process Does not Require the State to Provide Appointed Counsel to an Indigent Non-Paying Parent at a Civil Contempt Purge Hearing. Liming v. Damos.
On October 24, 2012, the Supreme Court of Ohio issued a merit decision in Liming v. Damos, 2012-Ohio-4783. The Court had accepted the case on conflict certification and discretionary review and consolidated the two cases, argued May 23, 2012. In a 5-2 decision written by Justice Lanzinger, the Court held that a purge hearing to…
Merit Decision: Due Process Does not Require the State to Provide Appointed Counsel to an Indigent Non-Paying Parent at a Civil Contempt Purge Hearing. Liming v. Damos.
On October 24, 2012, the Supreme Court of Ohio issued a merit decision in Liming v. Damos, 2012-Ohio-4783. The Court had accepted the case on conflict certification and discretionary review and consolidated the two cases, argued May 23, 2012. In a 5-2 decision written by Justice Lanzinger, the Court held that a purge hearing to…
Merit Decision: On Reconsideration, Acordia Wins a Reversal in Acordia of Ohio L.L.C v. Fischel.
On May 24, 2012, the Supreme Court of Ohio handed down the merit decision in Acordia of Ohio L.L.C v. Fischel. The high court held that a non-compete agreement signed by employees of a company that changes form or is merged out of existence passes by operation of law to the new company, but because…
Merit Decision. Waiving an Amenability Hearing. State v. D.W.
On Oct. 4, 2012, the Supreme Court of Ohio handed down a merit decision in State v. D.W.,2012-Ohio-4544. (when the case was originally briefed and calendared, the caption included the full name of the defendant. Effective July 1, 2012, initials are now required in the caption and body of published decisions involving juveniles). The case…
Merit Decision: A Juvenile’s Statutory Right to Counsel Does Not Attach at a Police Interrogation. In Re M.W.
On October 3, 2012, the Supreme Court of Ohio handed down a merit decision in In Re M.W., 2012-Ohio-4538. The case was argued December 6, 2011. By a vote of 4-3, the Court held that a juvenile has no statutory right to a lawyer during police questioning before court proceedings have begun. Justice O’Donnell…
Merit Decision: A Prosecutor in One County Cannot Bind the Prosecutor in Another County to a Plea Agreement. State v. Billingsley
On September 25, 2012, the Supreme Court of Ohio handed down a merit decision in State v. Billingsley, 2012-Ohio-4307. In a unanimous decision authored by Chief Justice O’Connor (she’s really been writing a lot of decisions of late. She was not present for this oral argument, but it was announced at the argument that…
Merit decision. Am.Chem. Soc. v. Leadscope. Thumbs Up on Unfair Competition Claim; Thumbs Down on Defamation Claim.
Update: According to an October 5, 2012 post on the ACS website, this case has been settled for $22,633,377.00. My thanks to attorney John F. Marsh of Hahn Loeser for calling this to my attention.
On September 18, 2012 the Supreme Court of Ohio issued a merit decision in Am. Chem. Soc. v. Leadscope…
Merit Decision: “Due Process Means More than the Easiest and Cheapest Way.” PHH Mtge. Corp. v. Prater.
On September 6, 2012, the Supreme Court of Ohio handed down a merit decision in PHH Mtge. Corp. v. Prater, 2012-Ohio-3931. In a unanimous opinion authored by Justice Stratton, the Court held that when a party’s address is known or easily discovered, notice to a party with an interest in a foreclosure action by…