On March 23, 2016, the Supreme Court of Ohio handed down a merit decision in Griffith v. Aultman Hosp, 2016-Ohio-1138. In a 5-2 opinion written by Justice Kennedy, the court held that a patient’s medical record is not limited to data in the medical-records department, but rather includes all data the health care provider
Merit Decision: Second Execution Attempt Not Unconstitutional. State v. Broom.
By Marianna Bettman on
On March 16, 2016 the Supreme Court of Ohio handed down a merit decision in State v. Broom, 2016-Ohio-1028. In a 4-3 opinion written by Justice Lanzinger, the court held that a second attempt to execute Romell Broom, after the first attempt at lethal injection failed, was neither cruel and usual punishment nor a…
Merit Decision: Second Execution Attempt Not Unconstitutional. State v. Broom.
By Marianna Bettman on
On March 16, 2016 the Supreme Court of Ohio handed down a merit decision in State v. Broom, 2016-Ohio-1028. In a 4-3 opinion written by Justice Lanzinger, the court held that a second attempt to execute Romell Broom, after the first attempt at lethal injection failed, was neither cruel and usual punishment nor a…
Merit Decision: Court OK’s Punitive Damages Against Estate of Deceased Tortfeasor in Limited Circumstance. Whetstone v. Binner.
By Marianna Bettman on
Update: A stipulation of dismissal was filed by plaintiff’s counsel on March 15, 2017. The case was settled without any further hearing in the trial court.
On March 15, 2016, the Supreme Court of Ohio handed down a merit decision in Whetstone v. Binner, 2016-Ohio-1006. In a 4-3 opinion written by Chief Justice…
Update: Legislative Fix for State v. Brown?
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
On June 23, 2015, in State v. Brown, 2015-Ohio-2438, the Supreme Court of Ohio, by a vote of 5-2, held that a traffic stop for a minor misdemeanor outside the officer’s statutory jurisdiction or authority violates Article I, Section 14 of the Ohio Constitution. A Lake Township police officer had pulled onto I-280…
What Happened on Remand: Accidents During Firefighter Emergency Runs.
By Marianna Bettman on
Two cases involving firefighters causing accidents during emergency runs have now been settled.
Anderson v. Massillon
In Anderson v. Massillon, 2012-Ohio-5711, a fire engine pumper truck on the way to a car fire approached an intersection going significantly in excess of the speed limit, and broadsided a van that had entered the intersection,…
What Happened on Remand: Accidents During Firefighter Emergency Runs.
By Marianna Bettman on
Two cases involving firefighters causing accidents during emergency runs have now been settled.
Anderson v. Massillon
In Anderson v. Massillon, 2012-Ohio-5711, a fire engine pumper truck on the way to a car fire approached an intersection going significantly in excess of the speed limit, and broadsided a van that had entered the intersection,…
Commentary: Federal Appeals Court Upholds Nonpartisan Ballot for Ohio Judges in General Election
By Marianna Bettman on
The U.S. Court of Appeals for the Sixth Circuit recently rejected a challenge to allow party designations for judges on the general election ballot in Ohio. The case is Ohio Council 8 v. Husted, 16a0034p.06.
Ohio judicial elections have always been weird in that judicial candidates are first selected in partisan primaries, and then have…
Merit Decision: Court Upholds Liquidated Damages Provision in Public Works Construction Contract. Boone Coleman Constr., Inc. v. Piketon.
By Marianna Bettman on
On February 24, 2016, the Supreme Court of Ohio handed down a merit decision in Boone Coleman Constr., Inc. v. Piketon, 2016-Ohio-628. In a fractured 6-1 opinion authored by Chief Justice O’Connor, the court upheld a contractual liquidated-damages provision in a public road construction contract. Only Justice O’Neill fully concurred in the court’s opinion.…
What’s On Their Minds: Ohio High Court Wades Into Legal Malpractice Waters. Lorna B. Ratonel et al v. Roetzel & Andress, LPA, et al.
By Marianna Bettman on
Update: On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Obviously, we’ve got more reading to do, because this appears to be a train wreck of almost Biblical proportions,” Acting Chief Justice Pfeifer, to both counsel at the end of the argument.
On…