Update: On March 17, 2016, the Supreme Court of Ohio handed down a merit decision in Haight v. Minchak, 2016-Ohio-1053. In a 5-2 opinion authored by Justice Lanzinger, in which Justice O’Donnell concurred in the syllabus and judgment only, the court held that the meaning of the term “employee” under R.C. 4111.14(B)(1) is constitutionally
Ohio Supreme Court Watch
More on Judicial Elections in Ohio.
By Marianna Bettman on
Posted in Commentary, Ohio Supreme Court Watch
We elect all judges in Ohio. The Ohio Constitution requires this. Over the years, different judicial leaders have expressed dissatisfaction with electing judges. The late Chief Justice Tom Moyer long favored merit selection, at least for appellate judges and justices of the Supreme Court of Ohio.
Our current Chief Justice, Maureen O’Connor, has had an…
Some Remand Updates.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, What Happened on Remand
Friebel v. Visiting Nurse Assn. of Mid-Ohio
On October 21, 2014, the Supreme Court of Ohio handed down a merit decision in Friebel v. Visiting Nurse Assn. of Mid-Ohio, 2014-Ohio-4531. The issue in the case was whether an Ohio worker’s compensation claimant can have “dual intent,” simultaneously being on a personal errand and acting…
Oral Argument Preview: Are Outside Salespeople Exempted Employees Under Ohio’s Minimum Wage Laws? John Haight et al. v. Cheap Escape Company et al.
Update: On March 17, 2016, the Supreme Court of Ohio handed down a merit decision in Haight v. Minchak, Slip Opinion No. 2016-Ohio-1053. In a 5-2 opinion authored by Justice Lanzinger, in which Justice O’Donnell concurred in the syllabus and judgment only, the court held that the meaning of the term “employee” under R.C.
Oral Argument Preview: What is to be Retained in a Patient’s Medical Record and Who Decides? Gene’a Griffith, Executrix for the Estate of Howard E. Griffith, Deceased v. Aultman Hospital.
By Marianna Bettman on
Update: On March 23, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On September 2, 2015 the Supreme Court of Ohio will hear oral argument in the case of Gene’a Griffith, Executrix for the Estate of Howard…
Oral Argument Preview: What is to be Retained in a Patient’s Medical Record and Who Decides? Gene’a Griffith, Executrix for the Estate of Howard E. Griffith, Deceased v. Aultman Hospital.
By Marianna Bettman on
Update: On March 23, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On September 2, 2015 the Supreme Court of Ohio will hear oral argument in the case of Gene’a Griffith, Executrix for the Estate of Howard…
Merit Decision: Insurer Has Duty to Defend Emotional Distress Claim Resulting From Case of Housing Discrimination. Granger v. Auto Owners Ins.
By Marianna Bettman on
On August 18, 2015, the Supreme Court of Ohio handed down a merit decision in Granger v. Auto-Owners Ins., 2015-Ohio-3279. In a 5-2 opinion written by Justice Pfeifer, the court held that under the umbrella insurance policy at issue in the case, the insurance company had a duty to defend, and that the…
A Must Read from the Supreme Court of Ohio’s Board of Professional Conduct on Judges’ Obligation to Perform Same-Sex Marriages.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
In Ohio, by statute, county court judges (which many of the larger counties no longer have), Municipal and Probate Court judges can perform civil marriages.
After the Obergerfell decision came out, the Board of Professional Conduct of the Supreme Court of Ohio, which issues advisory opinions, received inquiries from some judges and a judicial association…
Another Dismissal as Improvidently Allowed. Ohio Bur. of Workers’ Comp. v. McKinley
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, Workers' Compensation
On July 23, 2015, by a vote of 5-2, the Supreme Court of Ohio dismissed as improvidently allowed Ohio Bur. of Workers’ Comp. v. McKinley, Slip Opinion No. 2015-Ohio-2927. Justices Kennedy and French dissented. The issue in the case was whether, pursuant to R.C. 4123.931, a settlement in a personal injury action that does…
Court Dismisses As Improvidently Accepted Property-Division Dispute Over Oil and Gas Signing Bonus. Kuhn v. Kuhn.
By Marianna Bettman on
On July 14, 2015, by a vote of 5-2, the Supreme Court of Ohio sua sponte dismissed as improvidently accepted Kuhn v. Kuhn, 2015-Ohio-2806. The issue in the case was whether a signing bonus for oil and gas rights associated with a piece of property separately owned by one spouse before the marriage,…