On February 15, 2012, the Supreme Court of Ohio issued a decision in Havel v. Villa St. Joseph, 2012-Ohio-552. In a 5-2 decision (Chief Justice O’Connor concurred in judgment only) written by Justice O’Donnell, the Court upheld the constitutionality of R.C. 2315.21(B), the mandatory bifurcation provision of the punitive damages statute. This statute, as
Merit Decisions
Merit Decision on Small Monetary Gifts to a Child as Maintenance and Support and Ramifications for Consent to an Adoption. In Re Adoption of M.B.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On January 25, the Supreme Court of Ohio handed down a unanimous decision, authored by Justice O’Donnell, in the case In re Adoption of M.B, 2012-Ohio-236.
The first part of the decision answers the question “do small monetary gifts paid directly to a child by an otherwise non-complying parent constitute maintenance and support so that…
Merit Decision on the Exclusionary Rule. State v. Gould.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
The Supreme Court of Ohio has handed down a merit decision in State v. Gould, 2012-Ohio-71. The issue is whether a warrantless search of abandoned property is permissible under the Fourth Amendment.
After being laid off from his job, Dennis Gould moved in with his mother, Sharon Easterwood, in Toledo. While living there, he…
Merit Decision: The Necessity of Expert Testimony in an Informed Consent Claim. White v. Leimbach.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
On December 8, 2011 the Supreme Court of Ohio issued an opinion laying out when expert testimony is needed in a medical claim based on lack of informed consent. The case is White v. Leimbach, 2011-Ohio-6238.
Dr. Warren Leimbach, a neurosurgeon, successfully operated on Robert White for acute back pain caused by a…
Merit Decision: When Can a Third Party Be an Intended Beneficiary under a Contract? Huff v. FirstEnergy Corp.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
As a torts professor, I enjoy teaching cases where the law of torts and contracts intersect. One such area is when a tort duty arises in favor of the intended beneficiary of a contract. The Supreme Court of Ohio has just released an opinion in one such case – Huff v. FirstEnergy Corp., 2011-Ohio-5083.
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Merit Decision. Satisfying the Clarity Element in a Wrongful Discharge in Violation of Public Policy Tort. Dohme v. Eurand Am., Inc.
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
How specific must a plaintiff be to meet the clarity element of a wrongful discharge in violation of public policy tort? The answer from a unanimous Supreme Court of Ohio in Dohme v. Eurand Am., Inc, 2011-Ohio-4609, is very specific indeed. And if the public policy being relied on is workplace safety, generalizations are not…
Food for Thought from Justice Stratton on the Death Penalty. Should We Execute the Mentally Ill? State v. Lang.
The Ohio Supreme Court released its opinion in the death penalty case of State v. Lang, 2011-Ohio-4215 on August 31. While Justice Evelyn Lundberg Stratton joined the majority in affirming Lang’s conviction and death sentence, she makes an impassioned case to ban the execution of those who are seriously mentally ill when they commit their…