On November 13, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Johnson, 2014-Ohio-5021. In a unanimous opinion written by Justice Terrence O’Donnell, in which Justices Paul Pfeifer and Judy Lanzinger concurred in judgment only, the court held that the good-faith exception to the exclusionary rule precluded suppression of
Ohio Supreme Court Watch
Merit Decision: Court Disapproves Arrest Warrants Issued Without A Probable Cause Determination, But Denies Exclusion of Evidence as Remedy. State v. Hoffman
On November 4, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Hoffman, 2014-Ohio-4795. In a 6-1 opinion written by Justice Judy Lanzinger, in which Justice Terrence O’Donnell wrote a short separate concurrence and Justice Paul Pfeifer dissented, the court held that the arrest warrants in this case were…
Merit Decision. Court “Writs” Its Way Out of Deciding If a Worker Can Sue a Co-Worker for a Workplace Intentional Tort. State ex. rel. Yeaples v. Gall
Update: Read what happened on remand here
On October 28, 2014, the Supreme Court of Ohio handed down a merit decision in State ex rel. Yeaples v. Gall, 2014-Ohio-4724. In a 6-1 opinion written by Chief Justice O’Connor, in which Justice Pfeifer concurred in judgment only and Justice O’Neill dissented, the court resolved…
Supreme Court of Ohio Must Meet in January.
Wondering if the Supreme Court of Ohio is legally obligated to sit? It seems so. This is statutory. Who knew? Pursuant to the current version of R.C. 2503.33, effective March 22, 2013,
“The chief justice and the judges of the supreme court shall meet at Columbus in January of each year and at subsequent…
Merit Decision. Visiting Nurse Still Traveling Toward A Resolution of Her Right to Benefits. 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. In a 5-2 decision written by Chief Justice Maureen O’Connor, in which Justice Terrence O’Donnell concurred in judgment only, the court held that the dual purpose or dual intent doctrine (the…
What Happened on Remand: Jones v. Centex Homes. Tort Duty to Build Home in Workmanlike Manner. Case Settled.
Case Background
Paul Jones and Latosha Sanders bought a new house from Centex Homes. After they moved in, they found that their electronic equipment didn’t work right. They alleged that the reason was because metal joists in the house were magnetized. Another couple, Eric and Ginger Estep, brought a lawsuit against Centex with identical issues.…
Merit Decision: Home Is More Than Just Where the Heart Is (The Rest of the Person Must Be There, Too) Schill v. Cincinnati Ins. Co.
On October 14, 2014, the Supreme Court of Ohio handed down a merit decision in Schill v. Cincinnati Ins. Co., 2014-Ohio-4527. At issue in the case was the availability of umbrella coverage from an insurance policy in a wrongful death case. The answer turned on the definition of domicile in the policy. In a…
What Happened on Remand: Michael Hawsman v. Cuyahoga Falls, Part III. Plaintiff Finally Gets Day in Court for Diving Board Accident.
Case Background
When this accident happened Michael Hawsman was twelve years old; he is now an adult, which is why the case caption now lists his full name instead of his initials. Speedy justice this is not.
In May of 2006 Michael broke his knee in a diving board accident at the Cuyahoga Falls Natatorium…
Merit Decision: Standing and Subject Matter Jurisdiction. A Field Day for Civil Procedure Geeks. Bank of Am., N.A. v. Kuchta
On October 8, 2014, the Supreme Court of Ohio handed down a merit decision in Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275. In a 5-2 opinion written by Chief Justice O’Connor, for herself and Justices Lanzinger, O’Donnell, French, and Kennedy, the court answered the following certified conflict question in the negative:
“When a defendant…
What Happened on Remand: Plaintiffs win again in Medical Negligence Case. Even more this time. Moretz v. Estate of Muakkassa
Update: On November 25, 2014, the plaintiffs filed a satisfaction of judgment in the case.
Case Background
Larry Moretz had suffered from acute back pain for many years. In 2005, Dr. Kamel Muakkassa, a neurosurgeon, diagnosed Moretz with an anterior sacral menigocele, a rare type of cyst in the lower spinal cord. Muakkassa referred Moretz…