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
Ohio Supreme Court Watch
What’s On Their Minds: Defining Recklessness so as to Defeat Sovereign Immunity. Estate of Anderson v. City of Massillon.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, What's On Their Minds?
Update: On December 5, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
Also of interest: Read in Sharper Focus post on Recklessness here.
On February 8, the Supreme Court of Ohio heard oral argument in Estate of Anderson v. City of Massillon, 2011-0743. The issues in…
What’s on Their Minds: Are Violations of Departmental Polices or Traffic Laws Relevant to A Determination of Immunity for a City Employee? Burlingame v. Estate of Burlingame
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, What's On Their Minds?
Update: On December 6, 2012, the Supreme Court reversed the court of appeals decision in this case on the authority of Anderson v. Massillon. Read the analysis here.
On February 7, the Supreme Court of Ohio heard oral argument in Burlingame v. Burlingame, 2011-742, the first of two cases on the kind of…
What’s On Their Minds? Does the Ohio Consumer Sales Practices Act Cover Mortgage Servicers? State of Ohio ex. Rel. Michael DeWine, Attorney General of Ohio, et al. v. GMAC Mortgage, LLC, et al.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, What's On Their Minds?
Final update: On March 15, 2016, this case was dismissed as improvidently accepted.
And another further update: Because of the bankruptcy stay in this case, the Court allowed the case of Sondra Anderson v. Barclays Capital Real Estate Inc., d.b.a. Home
EqServicing, 2011-0908 to proceed. This case raised similar issues to the GMAC case. The…
What’s on Their Minds: Can a Board of Education Sell Old School Buildings Subject to a Deed Restriction Forbidding the Use of the Buildings for School Purposes? Board of Education of the City School District of the City of Cincinnati v. Roger T. Conners and Deborah Conners.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, What's On Their Minds?
On June 6, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
On February 7, the Supreme Court of Ohio heard oral argument in Board of Education of the City School District of the City of Cincinnati (School Board) v. Roger T. Conners and Deborah Conners. (Deborah Conners…
Oral Argument Preview: More on Defining Recklessness so as to Defeat Sovereign Immunity. Estate of Anderson v. City of Massillon.
By Marianna Bettman on
Update: On December 6, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.
On February 8, the Ohio Supreme Court will hear oral argument in the case of Estate of Anderson v. City of Massillon, 2011-0743. The issue in this case is whether excessive speed is a factor…
Oral Argument Preview: Does the Ohio Consumer Sales Practices Act Cover Mortgage Servicers? State of Ohio ex. Rel. Michael DeWine, Attorney General of Ohio, et al. v. GMAC Mortgage, LLC, et al.
By Marianna Bettman on
Final update: On March 15, 2016, this case was dismissed as improvidently accepted.
Further Update: On May 14, 2012 GMAC Mortgage, LLC filed for bankruptcy in the Southern District of New York. On June 20, 2012, the Supreme Court of Ohio granted an automatic stay of further proceedings in this case, pending resolution of the…
Oral Argument Preview: Can a Board of Education Sell Old School Buildings Subject to a Deed Restriction Forbidding the Use of the Buildings for School Purposes? Board of Education of the City School District of the City of Cincinnati v. Roger T. Conners and Deborah Conners.
By Marianna Bettman on
Oral Argument Preview: Are Violations of Departmental Polices or Traffic Laws Relevant to A Determination of Immunity for a City Employee? Burlingame v. Estate of Burlingame.
By Marianna Bettman on
Update: On December 6, 2012, the Supreme Court reversed the court of appeals decision on the authority of of Anderson v. Massillon. Read the anlysis here.
On February 7, the Supreme Court of Ohio will hear oral argument in the case of Burlingame v. Estate of Burlingame. The Court has accepted the following propositions…
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…