On March 9, 2022, the Supreme Court of Ohio will hear oral argument in Michael Walling, Administrator of the Estate of Raeann Walling, Deceased v. Ransford S. Breyna, M.D., et al, 2021-0241. At issue in this case is whether a party can maintain a negligent credentialing claim against a hospital when the doctor in
What’s On Their Minds: If a Criminal Case is not Eligible for Sealing, Can Individual Dismissed Counts Within That Case be Sealed? State of Ohio v. G.K.
“If he [G.K.] withdraws his application, and then refiles it under the appropriate statute, he may have this whole thing cleared up?”
Chief Justice O’Connor to the assistant county prosecutor
On February 8, 2022, the Supreme Court of Ohio heard oral argument in State of Ohio v. G .K. At issue is whether a conviction…
What’s On Their Minds: Where Does Professional Liability Stop? Cynthia Clawson v. Heights Chiropractic Physicians, LLC, et al.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
“Is there anything in Wuerth that specifically limits it to the set of facts which were a law practice?”
Chief Justice O’Connor, to counsel for Heights Chiropractic
“What is your best argument for why Wuerth should not be expanded to other professional organizations outside of a law firm or lawyer relationship?”
Chief Justice O’Connor, to…
Oral Argument Preview: If a Criminal Case is not Eligible for Sealing, Can Individual Dismissed Counts Within That Case be Sealed? State of Ohio v. G.K.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
On February 8, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. G .K. At issue is whether a conviction for one charge in a case precludes defendants from requesting other, dismissed charges in the same case be sealed.
Justice Donnelly, who was the initial trial court judge in…
Oral Argument Preview: Where Does Professional Liability Stop? Cynthia Clawson v. Heights Chiropractic Physicians, LLC, et al.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
On January 26, 2022, the Supreme Court of Ohio will hear oral argument in Cynthia Clawson v. Heights Chiropractic Physicians, LLC, et al., 2020-1577. At issue in this case is whether an employer can avoid liability for the negligent actions of its professional employee, here a chiropractor, after the professional employee has been…
Top Ten Blog Hits of 2021
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
Top Ten Blog Hits of 2021
Every year I prepare a list of the top ten blog hits. Here is the list for 2021:
1, Update on the Case of Brandon Moore. This case has been on the list for many years running and still seems to have high readership interest. Moore was originally…
Merit Decision: Grandmother Can Proceed with Lawsuit Against Granddaughter’s Caseworkers. Maternal Grandmother v. Hamilton Cty. Dept. of Job & Family Servs.
By Marianna Bettman on
On November 23, 2021, the Supreme Court of Ohio handed down a merit decision in Maternal Grandmother v. Hamilton Cty. Dept. of Job & Family Servs. Slip Opinion No. 2021-Ohio-4096. In a unanimous opinion authored by Justice Fischer, in which Justice DeWine, joined by Justice Kennedy, concurred in judgment only, the Court held that…
Merit Decision: Grandmother Can Proceed with Lawsuit Against Granddaughter’s Caseworkers. Maternal Grandmother v. Hamilton Cty. Dept. of Job & Family Servs.
By Marianna Bettman on
On November 23, 2021, the Supreme Court of Ohio handed down a merit decision in Maternal Grandmother v. Hamilton Cty. Dept. of Job & Family Servs. Slip Opinion No. 2021-Ohio-4096. In a unanimous opinion authored by Justice Fischer, in which Justice DeWine, joined by Justice Kennedy, concurred in judgment only, the Court held that…
Merit Decision: Court Evaluates Seizure of Personal Items from Hospital Room. State v. LaRosa
On November 18, 2021, the Supreme Court of Ohio handed down a merit decision in State v. LaRosa, Slip Opinion No. 2021-Ohio-4060. In a 4-3 decision written by Justice Fischer and joined by Chief Justice O’Connor and Justices Kennedy and DeWine, the Court held that the trial court did not err in denying…
Merit Decision: Court Evaluates Seizure of Personal Items from Hospital Room. State v. LaRosa
On November 18, 2021, the Supreme Court of Ohio handed down a merit decision in State v. LaRosa, Slip Opinion No. 2021-Ohio-4060. In a 4-3 decision written by Justice Fischer and joined by Chief Justice O’Connor and Justices Kennedy and DeWine, the Court held that the trial court did not err in denying…