On April 22, 2015, the Supreme Court of Ohio handed down a merit decision in Wells Fargo Bank, N.A. v. Horn, 2015-Ohio-1484. In a unanimous opinion written by Justice Kennedy, the court held that in a foreclosure action, while a plaintiff must have standing at the time suit is filed (this was the holding in
Court Dismisses a Post-Schwartzwald Foreclosure Case as Improvidently Certified. SRMOF 2009-1 Trust v. Lewis.
By Marianna Bettman on
Posted in Ohio Supreme Court Watch
On April 22, 2015, the Supreme Court of Ohio unanimously dismissed as improvidently certified SRMOF 2009-1 Trust v. Lewis, 2015-Ohio-1494. The case was argued February 25, 2015. The issue in the case, which was accepted on certified conflict, was whether a plaintiff in a foreclosure action must have an interest in both the…
What Happened on Remand: Smith v. Landfair: The Finale. No Compensation for Being Kicked in the Head by a Horse.
By Marianna Bettman on
Case Background
In 2007, Donald Landfair, then 78 years old (which means he is now 85 or 86—justice does move slowly!) boarded two of his horses, including Green Acre Annie (“Annie”) at Rochel Smith’s father’s stables. Rochel Smith was barn manager there. In March of 2007, Landfair transported his horses by trailer to a blacksmith…
Merit Decision: Suit against Landlord Sounds in Tort, Not Contract. Punitive Damages Cap Applies. Sivit v. Village Green of Beachwood, L.P.
By Marianna Bettman on
Read what happened on remand in this case here and here.
On April 2, 2015, the Supreme Court of Ohio handed down a merit decision in Sivit v. Village Green of Beachwood, L.P., 2015-Ohio-1193. In a unanimous opinion written by Justice Paul Pfeifer, the court held that this suit by a group of…
No Oral Arguments Set In April
By Marianna Bettman on
Posted in Ohio Supreme Court Watch, Uncategorized
The Supreme Court of Ohio has set no oral arguments for the month of April. This is probably because the court needs time to catch up on its submitted cases. Arguments resume May 5. Traditionally, the court tends not to hear new cases for most of the summer. Unlike the U.S. Supreme Court, which decides…
What’s On Their Minds: Liability of a School Bus Driver for Child Injured While Crossing the Street After the Bus Has Driven Away. Amber Sallee (A Minor) v. Stephanie Watts, et al.
By Marianna Bettman on
Update: on April 23, 2015, this case was dismissed as improvidently accepted
“Assuring that the child crosses the roadway to the residence side is, in your view, the operation of a motor vehicle?” Justice O’Donnell to Amber Sallee’s counsel.
On March 25, 2015, the Supreme Court of Ohio heard argument in the case of Amber…
Commentary: Columbus Judge Properly Receives a Disciplinary Slap.
By Marianna Bettman on
On March 11, 2015, in Ohio State Bar Assn. v. Salerno, 2015-Ohio-791, the Supreme Court of Ohio publicly reprimanded Franklin County Municipal Court Judge Amy Salerno for telling jurors in open court in a criminal case they had reached the wrong verdict when they found the defendant not guilty of assault and disorderly conduct. …
Merit Decision: For Those Who Still Believe There is Such a Thing as an Employer Intentional Tort, Speak Now or Forever Hold Your Peace. Hoyle v. DTJ Ents., Inc.
By Marianna Bettman on
On March 12, 2015, the Supreme Court of Ohio handed down a merit decision in Hoyle v. DTJ Ents., Inc., 2015-Ohio-843. In a 5-2 decision written by Justice French, in which Justices Lanzinger and Kennedy concurred in the syllabus and judgment only and Justices O’Neill and Pfeifer dissented, the court held that a deliberate-intent-to-injure…
Oral Argument Preview: Liability of a School Bus Driver for Child Injured While Crossing the Street After the Bus Has Driven Away. Amber Sallee (A Minor) v. Stephanie Watts, et al.
By Marianna Bettman on
Update: on April 23, 2015, this case was dismissed as improvidently accepted.
Read the analysis of the oral argument here.
On March 25, 2015 the Supreme Court of Ohio will hear oral argument in the case of Amber Sallee (a Minor) v. Stephanie Watts, et al, 2014-0727. The threshold issue in the case…
What’s On Their Minds: Do Mandatory Sex Offender Classifications Constitute Cruel and Unusual Punishment? State of Ohio v. Travis Blankenship.
Update: On November 12, 2015, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“What is wrong with affording a hearing instead of a cookie-cutter one size fits all? Allowing the defendant to come in and individualize it?” Justice Paul Pfeifer, to the prosecutor.
On March 10,…