McGown & Markling is proud to announce that Managing Director Matthew John Markling has once again been selected one of The Best Lawyers in America® in the practice area of Litigation – Labor and Employment for the year 2024. This is especially gratifying as recipients are selected by one’s legal peers. Heartfelt congratulations from all […]
In the case of South v. Cleveland State Univ., 2023-Ohio-4328, an appellate court held that the university was not liable for a concert attendee’s injuries sustained when a concert seat broke when she sat down as there was no duty to individually inspect 14,000 seats before each performance. In this case, the attendee argued that […]
In the case of States ex. rel. Chatman v. Galion Police Dept., 2023-Ohio-4177, an appellate court held that, pursuant to R.C. 149.43(B)(8), public records relating to an inmate’s conviction are not required to be released to the person who is incarcerated from the criminal conviction unless the inmate had received a finding by the sentencing […]
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 […]
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 […]
In the case of Buttari v. Norwalk, 2023-Ohio-4163, an appellate court held that summary judgment was appropriate on the basis of statutory immunity where a city was sued by a swimmer who sustained injuries after she fell through an overflow grate at the city’s pool where the evidence established that the lifeguards at the pool […]
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 […]