Further update: after the case was reversed and remanded, the trial court again granted summary judgment to WBNS on the Andersons’ defamation claim, and on March 29, 2021, the Tenth District Court of Appeals again reversed, finding an issue of fact as to whether WBNS acted negligently in ascertaining the defamatory potential of its
Merit Decision: Educators Not Liable in School Bullying Case. A.J.R. v. Lute.
“Based on the record before us, even when viewed in a light most favorable to the family, reasonable minds can come to only one conclusion: appellants were not reckless.”
Justice Fischer, Opinion of the Court
On November 10, 2020, the Supreme Court of Ohio handed down a merit decision in A.J.R. v. Lute, 2020-Ohio-5168…
Guest Post: Holding Amazon Liable as a Seller of Defective Goods: A Convergence of Cultural and Economic Perspectives
Catherine Sharkey, who is Crystal Eastman Professor of Law at New York University School of Law, has written a thought-provoking, and in light of the recent Supreme Court of Ohio decision in Stiner v. Amazon.com, Inc., Slip Opinion No. 2020-Ohio-4632, timely law review article entitled “Holding Amazon Liable as a Seller of Defective…
Guest Post: Holding Amazon Liable as a Seller of Defective Goods: A Convergence of Cultural and Economic Perspectives
Catherine Sharkey, who is Crystal Eastman Professor of Law at New York University School of Law, has written a thought-provoking, and in light of the recent Supreme Court of Ohio decision in Stiner v. Amazon.com, Inc., Slip Opinion No. 2020-Ohio-4632, timely law review article entitled “Holding Amazon Liable as a Seller of Defective…
Merit Decision: Amazon Not a Supplier Under Ohio Products Liability Act. Stiner v. Amazon.com, Inc.
“…[W]e conclude that a person who ‘otherwise participates in the placing of a product in the stream of commerce’ must exert some control over the product as a prerequisite to supplier liability.”
Justice French, opinion of the Court
“Even if Amazon cannot be considered a supplier in the traditional, pre-Internet sense, I believe that its…
Student Guest Post: Football-Related CTE Lawsuits and Statutes of Limitations
In recent years, the University of Cincinnati Law School Law Review members have invited me to suggest topics for articles for them to consider writing about.
The Supreme Court of Ohio’s decision in Schmitz v. Natl. Collegiate Athletic Assn., 2018-Ohio-4391 caught the fancy of Nick Eaton, who is a 3L at the University of…
Merit Decision: No Invasion of Privacy Claim for At-Will Employees Required to Submit to Direct-Observation Drug Test. Lunsford v. Sterilite of Ohio, L.L.C.
“While we recognize that workplace drug-testing policies implicate employees’ privacy interests, we find as a matter of law that the facts alleged in appellees’ complaint cannot sustain their common-law invasion-of-privacy claim.”
Justice Kennedy, majority opinion
“At the time appellees were required to provide their urine samples, they were presented with two choices: either provide a…
Merit Decision: Trial Court Properly Handled Post-Trial Change-of-Heart Letter from Juror. Jones v. Cleveland Clinic Found.
Update: On April 1, 2021, in an opinion written by Judge Frank Celebrezze, Jr. and joined by Judges Eileen A. Gallagher and Mary Eileen Kilbane, the Eighth District overruled the remaining assignments of error regarding the manifest weight of the evidence, Civ. R. 30(B)(5) testimony of the designated witness for the Cleveland Clinic, and a…
Merit Decision: Trial Court Properly Handled Post-Trial Change-of-Heart Letter from Juror. Jones v. Cleveland Clinic Found.
Update: On April 1, 2021, in an opinion written by Judge Frank Celebrezze, Jr. and joined by Judges Eileen A. Gallagher and Mary Eileen Kilbane, the Eighth District overruled the remaining assignments of error regarding the manifest weight of the evidence, Civ. R. 30(B)(5) testimony of the designated witness for the Cleveland Clinic, and a…
What’s On Their Minds: Are Educators Liable for Bullying Injuries? A.J.R., et al. v. Board of Education of Toledo City School District, et al.
Update: On November 10, 2020 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“What in your view is perverse, what is it that’s reckless about the actions they (the educators) took—not in terms of reasonableness, but in terms of recklessness?”
Justice French, to counsel for A.R.