On October 14, 2015, the Supreme Court of Ohio heard oral argument in the case of In re: Daren A. Messer, Angela Messer, Debtors Daren Messer & Angela Messer v. JPMorgan Chase Bank, NA, Case Number 2014-2036. This case involves two certified state law questions from Judge Charles M. Caldwell, U.S. Bankruptcy Judge for the
Merit Decision: Mandatory Sex Offender Registration and Address-Verification Requirements Do Not Constitute Cruel and Unusual Punishment. State v. Blankenship.
On November 12, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Blankenship, 2015-Ohio-4624. In a 5-2 opinion authored by Justice Lanzinger, joined in full by Chief Justice O’Connor and Justice French, and in which Justice O’Donnell, joined by Justice Kennedy concurred in judgment only, the court held that…
Oral Argument Preview: Voluntariness of a Juvenile Confession. State of Ohio v. Tyshawn Barker.
Update: On April 28, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On November 17, 2015, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Tyshawn Barker, 14-1560…
Oral Argument Preview: Recreational User Immunity for Injury from Flying Rock? Combs v. Ohio Department of Natural Resources, Division of Parks & Recreation.
By Marianna Bettman on
Update: On April 19, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of this argument here.
On November 17, 2015, the Supreme Court of Ohio will hear oral argument in the case of Combs v. Ohio Department of Natural Resources, Division of …
What’s On Their Minds: Can Punitive Damages Be Assessed Against a Deceased Tortfeasor’s Estate? Christine Marie Whetstone v. Erin K. Binner, Administrator of the Estate of Roxanne McClellan, Deceased.
By Marianna Bettman on
Update: On March 15, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“So your view is that by awarding punitive damages against the estate we will generally tell all similarly situated potential child abusers, that your estate might be affected by what’s happening?” Justice O’Donnell,…
What’s On Their Minds: Can Punitive Damages Be Assessed Against a Deceased Tortfeasor’s Estate? Christine Marie Whetstone v. Erin K. Binner, Administrator of the Estate of Roxanne McClellan, Deceased.
By Marianna Bettman on
Update: On March 15, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“So your view is that by awarding punitive damages against the estate we will generally tell all similarly situated potential child abusers, that your estate might be affected by what’s happening?” Justice O’Donnell,…
What’s On Their Minds: The Effect of Reckless Conduct on a Contractual Limitation of Liability Clause. American Municipal Power, Inc. v. Bechtel Power Corporation.
By Marianna Bettman on
Update: On June 16, 2016, the Supreme Court of Ohio declined to answer the certified question and dismissed the case. 2016-Ohio-3431.
On October 27, 2015, the Supreme Court of Ohio heard oral argument in the case of American Municipal Power, Inc. v. Bechtel Power Corporation, 14-1847. In this breach of contract action, the…
What Happened on Remand: Willie Herring Spared the Death Penalty.
Case Background
On April 30, 1996, Willie Herring and five other men robbed a bar in Youngstown which resulted in the deaths of three people. Herring, who was barely eighteen at the time of the crime, was subsequently convicted of three counts of complicity to commit aggravated murder, two counts of attempted aggravated murder, two…
What’s On Their Minds: Does a Recorded but Defectively Executed Mortgage Constitute Constructive Notice of an Encumbrance? In re: Daren A. Messer, Angela Messer, Debtors Daren Messer & Angela Messer v. JPMorgan Chase Bank, NA
By Marianna Bettman on
Update: On February 16, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On October 14, 2015, the Supreme Court of Ohio heard oral argument in the case of In re: Daren A. Messer, Angela Messer, Debtors Daren Messer & Angela Messer v. JPMorgan Chase Bank…
Oral Argument Preview: Can Punitive Damages Be Assessed Against a Deceased Tortfeasor’s Estate? Christine Marie Whetstone v. Erin K. Binner, Administrator of the Estate of Roxanne McClellan, Deceased.
By Marianna Bettman on
Update: On March 15, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On October 28, 2015 the Supreme Court of Ohio will hear oral argument in the case of Christine Marie Whetstone v. Erin K. Binner, Administrator…