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 Portage Cty. Bd. of Dev. Disabilities v. Portage Cty. Educators’ Assn. for Dev. Disabilities, 2017-Ohio-888, an Ohio appellate court found that an arbitrator did not exceed his authority in imposing reasonable limits on a board’s authority to increase an account clerk’s job duties. The case involved an account clerk in the […]
In the case of State ex rel. Philbin v. Cleveland, 2017-Ohio-1031, an Ohio appellate court found that a “public office possesses the burden of proving that the records or redacted parts [of public records] are exempt from disclosure” and that courts will “resolve all doubts in favor of disclosure.” Philbin at ¶ 7. This case […]
In the case of Wright State Univ. v. Fraternal Order of Police, 2017-Ohio-854, an Ohio appellate court found that an arbitrator did not exceed his authority under the terms of the collective bargaining agreement (“CBA”) when the arbitrator reduced the discipline imposed by the university on a campus police officer. The case involved a campus […]
In the case of State ex rel. New Riegel Local School Dist. Bd. of Edn. v. Ohio School Facilities Comm., 2017-Ohio-875, an Ohio appellate court found the Ohio School Facilities Commission (“Commission”) did not owe a legal duty to reopen a construction project in order to assist a school district with funding to repair project […]
In the case of State ex rel. Delaware Joint Vocational School Dist. Bd. of Edn. v. Testa, 2017-Ohio-796, the Ohio Supreme Court found that the Ohio Tax Commissioner (“Commissioner”) did not have the legal duty to apply reduction factors and calculate tax rates for a levy because the board of elections did not present a […]
In Fry v. Napoleon Community Schools, 580 U.S. ____ (2017), the United States Supreme Court held that administrative exhaustion “is not necessary when the gravamen of the plaintiff’s suit is something other than the denial of the [Individuals With Disabilities Education Act’s (“IDEA”)] core guarantee—what the Act calls a ‘free and appropriate public education.’” The […]
The case of Hilbert v. Ohio Dept. of Transp., 2017-Ohio-488, presents the simple question of whether an employer unlawfully interferes with an employee’s Family Medical Leave Act (“FMLA”) leave by terminating his employment before he can exercise his rights under the FMLA leave. The obvious answer to this question should, hopefully, be an emphatic, “Yes!” […]
In the case of State ex rel. Mun. Constr. Equip. Operators’ Labor Council v. Ohio State Emp. Relations Bd., 2017-Ohio-448, an Ohio appellate court upheld an order from the State Employment Relations Board (“SERB”) directing its representation section to proceed with a mail-ballot election to select new union representation for a bargaining unit after the […]