Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.
In the case of Ayers v. Cleveland, 2017-Ohio-8571, an Ohio appellate court found that “R.C. 2744.07(A)(2) does not provide [a third-party] with a private cause of action against [a political subdivision] to enforce its statutory obligation to indemnify its employees.” Ayers at ¶ 33. This case involved the efforts of a plaintiff to collect a […]
In the case of Langdon v. Ohio Dept. of Edn., 2017-Ohio-8356, an Ohio appellate court reversed a lower court’s ruling because the lower court did not “give due deference” to a decision by the Ohio Department of Education (“ODE”) to deny a teacher’s license renewal application. The case involved a teacher who allegedly engaged in […]
On October 18, 2017, Matthew John Markling is attending the Ohio Council of School Board Attorneys Special Education Roundtable, which consists of fellow school board attorneys dedicated to the practice of special education. Mr. Markling’s dedication toward special education goes beyond roundtables. For example, Mr. Markling and his wife established the Markling Family Foundation to improve the […]
In the case of Fox v. Huron City School Dist. Bd. of. Edn., 2017-Ohio-7984, a school board’s decision to terminate a superintendent was affirmed by an Ohio appellate court. This must read case is very important because it emphasizes the importance of (1) considering the recommendation of the referee as the school board determines whether […]
In the case of State of Ohio v. Fox, 2016-Ohio-2745, an Ohio appellate court affirmed the decision to dismiss a criminal case against a superintendent – who is a public servant – for allegedly unlawfully failing to disclose gifts received while a superintendent. The trial court dismissed the criminal case against the superintendent because the Ohio […]
In the case of Breeze, Inc. v. Testa, Slip Opinion No. 2017-Ohio-7801, the Ohio Supreme Court clarified – or changed according to the dissent – when the public-schoolhouse exemption and charitable-or-public-use tax exemption is available for leased property. Former and current Ohio law provides a tax exemption for property belonging to charitable or educational institutions […]
In the case of G.M. v. Springfield Local Schools Bd. of Edn., 2017-Ohio-7767, an Ohio appellate court dismissed the suspension appeal of a high school graduate as moot – meaning there is no longer an actual controversy – because “there is no evidence in the record that [the student] did not graduate [and] there is […]
The case of Util. Workers Union of Am. Local 436-A v. E. Ohio Regional Wastewater Auth., 2017-Ohio-7794, can be characterized as a case of “buyer’s remorse” by a union who was dissatisfied with an arbitration award involving an employee who was terminated for failing a drug test. During arbitration, the union successfully argued that the […]