Subscribe to School Law Newsletter
Close Window

Blog

Readily Identifiable Records Must Be Produced

In the case of LeRussi v. Calcutta Volunteer Fire Dept., 2023-Ohio-626, a special master recommended that a fire department must be ordered to provide cancelled checks pursuant to the Public Records Act (R.C. 149.43) despite the fact that the requestor did not specifically identify the checks by name. In this case, the requestor argued that […]

No Attorney-Client Privilege When the Privilege is Waived

In the case of Evans v. Gardner, 2023-Ohio-558, an appellate court held that attorney-client privilege did not apply when an attorney, who represented the non-party business and business’s president, inadvertently sent an email, sent by the president, for in camera review that the business claimed was protected by the attorney-client privilege. In this case, the […]

The Judicial Branch Should Not “Read Between the Lines” to Find an Implied Cause of Action in a Statute Not Specifically Created by the Legislative Branch

In the case of Augustine v. Bd. of Edn. of the Toledo City Sch. Dist., Lucas C.P. No. G-4801-CI-202202888-000 (Jan. 26, 2023), a common pleas court refused to find that an implied cause of action exists under R.C. 5123.61(L), which provides that “[n]o employer or any person with the authority to do so shall discharge, […]