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 Anderson v. Warren Local School Dist. Bd. of Edn., 2017-Ohio-436, an Ohio appellate court found that a school district was entitled to governmental immunity for surface water runoff from a maintenance building. In doing so, the appellate court clarified the definition of “sewer system” for purposes of governmental immunity – or […]
In the case of Calet v. E. Ohio Gas Co., 2017-Ohio-348, an Ohio appellate court denied the City of Akron governmental immunity in a case where a runner’s left foot went into a hole while jogging from the street to the sidewalk. Ordinarily, governmental entities are protected from liability resulting from injuries caused by an […]
In the case of State ex rel. Patituce & Assocs., L.L.C. v. Cleveland, 2017-Ohio-300, an Ohio appellate court denied a law firm’s request for statutory damages in a public records case because “the City did provide the records within a reasonable time” and never indicated that the records would not be produced. Patituce at ¶ […]
In the case of McClendon v. Ohio Dept. of Edn., 2017-Ohio-187, an Ohio appellate court found that there was reliable, probative, and substantial evidence to support the resolution the Ohio Department of Education (“ODE”) to permanently revoke a teacher’s education license due to the alleged seriousness of her conduct. The offending conduct involved a 38 […]
In the case of Sutton v. Ohio Dept. of Edn., 2017-Ohio-105, an Ohio appellate court upheld a four–month suspension of a teacher’s professional teaching license even though an express nexus did not exist between the alleged conduct and the teacher’s profession as an educator. The offending conduct in this case dates back to the 1970’s, […]
On January 11, 2017, the United States Supreme Court heard oral arguments in the case of Endrew F. v. Douglas County School District, No. 15-827, in which our Nation’s highest court is asked to answer the question: What level of educational benefit must school districts confer on children with disabilities in order to provide them with […]
Employers should pay close attention to the case of Seaton v. Willoughby, 2018-Ohio-77, as it demonstrates how employers can lose immunity from workplace injuries under the Ohio Workers’ Compensation Act. The case arises out of the unfortunate death of a member of a city’s street crew. The crew member was “operating an asphalt roller known […]
When does a team-building activity, designed to increase camaraderie, cross the line into impermissible hazing? The court in the case of Cameron v. Univ. of Toledo, 2016-Ohio-8142, addressed this very issue in a highly instructive case for school officials. The case involved a freshman football player who was participating in voluntary conditioning for the University of […]