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Personal Animus by Public Official May Defeat Statutory Immunity

In the case of Morelia Group-DE, L.L.C. v. Weidman, 2023-Ohio-386, an appellate court held that a business sufficiently alleged a “set of facts” that, if proven true, may trigger the limited R.C. 2744.03(A)(6)(b) statutory immunity exception afforded to a township trustee as the complaint alleges that the trustee’s “personal animus” toward the business’s chief executive […]

Attorney General Ordered to Comply with Discovery Requests

In the case of State ex rel. Media & Democracy Ctr. v. Atty Gen., 2023-Ohio-364, an appellate court held that the Attorney General must comply with discovery requests that were beyond the scope of public records request when those discovery requests are necessary to determine the existence of public records and that a public official […]

Fraud Prevention Records Not Subject to Disclosure

In the case of The Markup v. Ohio Dept. of Job & Family Servs., 2023-Ohio-623, a special master held that most records relating to how the agency’s unemployment insurance fraud prediction system worked were infrastructure records under R.C. 149.433 and were exempt from disclosure under R.C. 149.43. In this case, the requester argued that the […]

Shooting Finger Gun Might Mean “You’re Fired!”

In the case of Duff v. Christopher, 2023-Ohio-349, the lead decision for an appellate court concluded that a trial court was required to hold an evidentiary hearing to determine whether an employer’s president threatened to shoot an employee in the head while holding the president’s hand up mimicking a handgun raising arose out of and/or […]