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UPDATE: The Ohio Supreme Court Grants Jurisdiction after McGown & Markling Files Amicus Curiae (“Friend of the Court”) Memorandum On Behalf Of Ohio School Boards Association

On November 1, 2017, the Ohio Supreme Court agreed to answer the following question of state law by the United States District Court for the Southern District of Ohio:

“Does § 2151.421 expressly impose civil liability on a school board, either for its own or its employee’s failure to report, triggering the § 2744.02(b)(5) exception to political subdivision immunity on a negligence per se claim based on § 2151.421?”

The Ohio Supreme Court’s entry certifying the question of state law can be read by clicking here.

McGown & Markling had the honor and privilege of filing an amicus curiae preliminary memorandum with the Ohio Supreme Court on behalf of the Ohio School Boards Association (“OSBA”) and in support of the Olentangy Local School District Board of Education regarding this important question.

The preliminary memorandum filed by McGown & Markling on behalf of OSBA can be read by clicking here.

McGown & Markling represented OSBA through OSBA’s Legal Assistance Fund (“LAF”), which supports school districts that are defending legal challenges with the potential to affect public schools statewide. If you would like to discuss potential LAF assistance for your public school district, please contact OSBA’s division of legal services. More information about the LAF and an application to join or request assistance is available by clicking here.

To review our previous update regarding this issue, please click here.

Authors: Matthew John Markling and Patrick Vrobel

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