“Therefore, the crux of the issue before us is this: if a court has issued a decree relieving a parent of any child-support obligation, is there a separate obligation that arises by law under which that parent still is required to provide maintenance and support to the child? The answer to that question is no.”
Merit Decisions
Merit Decision: Ex-Employee Can Sue County for False Light Invasion of Privacy. Piazza v. Cuyahoga Cty.
By Marianna Bettman on
“The test under R.C. 2744.09(B) is one of causal connection, not of timing.”
Justice French, Majority Opinion
“I would hold that R.C. 2744.09(B) is unambiguous and conclude, based on the definition of “employee” provided in R.C. 2744.01(B), that a plaintiff must be an employee of the political subdivision at the time of filing the lawsuit…
Merit Decision: High Court Sends Case with Deportation Consequences Back to Trial Court. State v. Romero.
By Marianna Bettman on
“A knowing and voluntary plea therefore does not supersede defense counsel’s errors…When, as here, the defendant asserts a claim of ineffective assistance of counsel, the court must focus on counsel’s deficient performance and the prejudice arising from that deficiency.”
Justice French, plurality opinion
“I assume that Romero meant what he said at the plea hearing—that…
Merit Decision: Court Okay’s Terry Stop of Lone Individual Near Sound of Recent Gunshots Fired. State v. Hairston.
“But the most important considerations here are that the stop occurred very close in time to the gunshots and Hairston was the only person in the area from which the shots emanated… these facts, taken together and viewed in relation to each other, rise to the level of reasonable suspicion.”
Justice DeWine, Majority Opinion
“Although…
Merit Decision: Plea-hearing Requirements for Defendants on Postrelease Control. State v. Bishop.
By Marianna Bettman on
“By any fair reading of Crim.R. 11(C)(2), the potential R.C. 2929.141(A) sentence was part of the ‘maximum penalty involved’ in this case.”
Justice French, lead opinion
“…The lead opinion’s analysis cannot be squared with the language of the postrelease-control statute or our decisions recognizing that a sanction for a postrelease-control violation is not punishment for…
Merit Decision: Creditor Must Bring Claim Against Debtor Spouse’s Estate Before It Can Sue Surviving Spouse Under Necessaries Statute. Embassy Healthcare v. Bell.
By Marianna Bettman on
“R.C. 3103.03(A) and the admission agreement leave no question that Robert was the debtor and that his estate remains primarily responsible for his liabilities. Embassy was therefore required to seek recourse first against Robert’s estate before seeking payment from Cora.”
Justice French, majority opinion
“Because the necessaries statute permits a claim to be made directly…
Merit Decision: Compensatory Damages Cap for Noneconomic Loss Applies in Defamation Action. Wayt v. DHSC, L.L.C.
By Marianna Bettman on
Update: read what happened on remand here.
“We hold that under the plain language of R.C. 2315.18(A)(7), defamation is a ‘civil action for damages for injury or loss to person.’”
Justice Fischer, majority opinion
“Defamation is an injury or loss to reputation, not to person, and therefore the caps on damages in R.C. 2315.18 do…
Merit Decision: Compensatory Damages Cap for Noneconomic Loss Applies in Defamation Action. Wayt v. DHSC, L.L.C.
By Marianna Bettman on
Update: read what happened on remand here.
“We hold that under the plain language of R.C. 2315.18(A)(7), defamation is a ‘civil action for damages for injury or loss to person.’”
Justice Fischer, majority opinion
“Defamation is an injury or loss to reputation, not to person, and therefore the caps on damages in R.C. 2315.18 do…
Guest Post: A Tax Professor’s Take on Merit Decision of Taxation of Promotional Giveaways at Cincinnati Reds Games. Cincinnati Reds, L.L.C. v. Testa.
By Marianna Bettman on
As promised in my earlier post, here is the more in-depth analysis of the decision in the bobblehead case, Cincinnati Reds, L.L.C. v. Testa, by University of Cincinnati Law Professor Stephanie Hunter McMahon, who teaches tax.
In addition to the guest post from Professor McMahon, readers might also be interested in Dan Trevas’ excellent summary…
Merit Decision: “And This One Belongs to the Reds.” Cincinnati Reds, L.L.C. v. Testa
By Marianna Bettman on
Posted in Merit Decisions, Ohio Supreme Court Watch
Justice Pat Fischer, quoting longtime Cincinnati Reds radio announcer Marty Brennaman
On November 21, 2018, the Supreme Court of Ohio handed down a merit decision in Cincinnati Reds, L.L.C. v. Testa, 2018-Ohio-4669. In an opinion written by Cincinnati Justice Pat Fischer, the Court held that the Reds do not have to pay a use tax…