Today, September 7, 2017, 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 on (1) whether R.C. 2151.421 imposes civil liability upon a […]
In the case of Heard v. Thomas, 6th Cir. No. 22-5699 (June 26, 2023), a federal appellate court held that the school resource officer’s use of force against a student may have been excessive when the school resource officer allegedly struck a student unprovoked. In this case, the student argued that the school resource officer […]
In the case of Kruthaup v. Schoen Builders, L.L.C., 2023-Ohio-2090, an appellate court held that summary judgment was inappropriate when there was an issue of material facts regarding the level of exclusive control that a construction company has on a construction site. In this case, the subcontractor argued that the construction site, specifically the authority […]
In the case of Est. of Mehrer v. Walgreens Specialty Pharm., 2023-Ohio-2070, an appellate court held that summary judgment was inappropriate when the expert testified that the pharmacy’s dispersal of opioids may have been the proximate cause of a decedent’s overdose. In this case, the decedent’s estate argued that the pharmacy’s over dispensing of opioids […]
In the case of Falconer v. Warrensville Heights City Sch. Dist. Bd. of Educ., 2023-Ohio-2068, an appellate court held that the court of common pleas did not have original jurisdiction over the employment dispute between the public employee and school board because the collective bargaining agreement (“CBA”) specified so. In this case, the public employee […]
In the case of Lee v. Vanderbilt Univ., 6th Cir., No. 22-5607 (June 22, 2023), a federal appellate court held that the case could go forward in litigation when the professor alleged that (1) men and women were treated differently within the university and (2) the department chair and the dean harbored resentment against the […]
In the case of Childs v. Kroger Co., 2023-Ohio-2034, an appellate court held that the supermarket did not act unlawfully in terminating a former employee when the supermarket discovered the former employee’s murder conviction. In this case, the former employee argued that the supermarket (1) was estopped from terminating the former employee based on the […]