On May 22, 2017, by a vote of 5-2, the Supreme Court of Ohio dismissed Rush v. Univ. of Cincinnati Physicians, Inc.,2017-Ohio-2896 as improvidently accepted. The issue in the case was whether an employee needs to be joined in a medical negligence action in order to establish respondeat superior liability for the employer
What’s On Their Minds: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.
Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted. Read more about that here.
“I’m asking you for a theory, why is UC Physicians, the employer of all the doctors in anesthesiology there, why are they not liable?”
Justice O’Neill, to defense counsel.
On May 3, 2017, the…
What’s On Their Minds: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.
Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted. Read more about that here.
“I’m asking you for a theory, why is UC Physicians, the employer of all the doctors in anesthesiology there, why are they not liable?”
Justice O’Neill, to defense counsel.
On May 3, 2017, the…
Oral Argument Preview: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.
By Marianna Bettman on
Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted. Read more about that here.
Read the analysis of the oral argument here.
On May 3, 2017, the Supreme Court of Ohio will hear oral argument in the case, Anthony Rush and Tammy Rush v. University of Cincinnati Physicians…
What’s On Their Minds: Does Ohio’s Dram Shop Act Preclude All Traditional Common-Law Negligence Claims Against a Liquor Permit-Holder? Nichole Johnson v. Mary E. Montgomery et al.
By Marianna Bettman on
Update: On September 6, 2017 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“I’m a former bartender from Athens. So let me just suggest to you that if the alcohol comes off the shelf and goes into the glass, and goes into the mouth of…
What’s On Their Minds: Can a Doctor’s Admission of Fault During An Apology Be Used in Court? Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, M.D., et al.
By Marianna Bettman on
Update: On September 12, 2017, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Where is the apology?”
Justice O’Neill
On April 6, 2017, the Supreme Court of Ohio heard oral argument in the case of Dennis Stewart, Individually and as the Administrator of the Estate of…
What Happened on Remand: Won the Battle But Lost the War? Burnham v. Cleveland Clinic.
By Marianna Bettman on
In Burnham v. Cleveland Clinic, Slip Opinion No. 2016-Ohio-8000, in a very fragmented 6-1 decision, the Supreme Court of Ohio held that the order compelling discovery in this case was final and appealable. Read the analysis of the merit decision here.
Case Background
What was this fight all about? The incident report from a slip…
Oral Argument Preview: Can a Doctor’s Admission of Fault During An Apology Be Used in Court? Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, M.D., et al.
By Marianna Bettman on
Update: On September 12, 2017, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read an analysis of the oral argument in this case here.
On April 6, 2017, the Supreme Court of Ohio will hear oral argument in the case of Dennis Stewart, Individually and as…
Oral Argument Preview: Does Ohio’s Dram Shop Act Preclude All Traditional Common-Law Negligence Claims Against a Liquor Permit-Holder? Nichole Johnson v. Mary E. Montgomery et al.
By Marianna Bettman on
Update: On September 6, 2017 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the argument in this case here.
On April 6, 2017, the Supreme Court of Ohio will hear oral argument in the case of Nichole Johnson v. Mary E. …
Oral Argument Preview: Satisfying the Clarity Element of a Wrongful Termination Claim. McGowan v. Medpace.
Update: on April 12, 2017, the Court dismissed this case as improvidently accepted.
Read the analysis of the oral argument here.
On February 8, 2017, the Supreme Court of Ohio will hear oral argument in the case of McGowan v. Medpace Inc., 2015-1756. At issue in the case is what is needed to satisfy…