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Category: Case Updates

Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.

SERB Has Exclusive Jurisdiction on Denial of Collective-Bargaining Rights

In the case of Ohio Council 8, AFSME, AFL-CIO v. Lakewood, 2023-Ohio-4212, in a plurality decision, an appellate court held that the Ohio State Employment Relationship Board (“SERB”) has exclusive jurisdiction over claims arising under the employee’s collective-bargaining rights and thus the trial court properly dismissed a claim filed by the Union to force arbitration […]

Only At Will Employees can Bring Claims for Wrongful Termination in Violation of Public Policy (Greeley Claims)

In the case of Underwood v. Cuyahoga Community College, 2023-Ohio-4180, an appellate court held that only at-will employees can bring a claim for wrongful termination in violation of public policy. In this case, the employee argued that the employer-college wrongfully terminated the employee for improper motive and in violation of public policy after he alleged […]

Courts Will Enforce Administrative Exhaustion Requirement in Claims Relating to a University’s Decision Regarding Tenure and Promotion of its Professors

In the case of Chen v. Univ. of Dayton, 2023-Ohio-4002, an appellate court held that a professor failed to exhaust the administrative requirements for the professor’s appeal regarding the denial of tenure. In this case, the professor argued that the professor did not seek an internal appeal due to the university shutting down because of […]

Inmate Cannot Prove Public Record Request

In the case of State of Ohio ex rel. Ware v. Fankhauser, 2023-Ohio-3939, an appellate court held that the clerk responded to the inmate’s request for public records in a timely manner when the inmate was unable to prove when the clerk received the request. In this case, the inmate argued that the certified mail […]

Amendments to Tax Law Do not Apply Retroactively

In the case of New Albany-Plain Local Schools Bd of Edn. v. Franklin Cty. Bd. of Revision, 2023-Ohio-3806, an appellate court held the school board was permitted to appeal the decision of the tax appeals for a complaint filed prior to the effective date of new amendments to R.C. 5715.19(A) and R.C. 5717.01. In this […]