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 Pelletier v. Campbell, 2016-Ohio-8097, an Ohio appellate court found that a city “can be held liable and is not entitled to immunity if it fail[s] to keep its stop sign in repair and/or fail[s] to remove obstructions.” Pelletier at ¶ 15. Pelletier involved a motorist who collided with another vehicle in […]
Are the videos recorded by cameras mounted on the dashboards of State Highway Patrol cruisers subject to disclosure under the Public Records Act? It depends, according to the Ohio Supreme Court in State ex rel. Cincinnati Enquirer v. Ohio Dept. of Pub. Safety, Slip Opinion No. 2016-Ohio-7987, as the videos must be reviewed on a […]
The case of Walker v. Piazza, 2016-Ohio-7996, demonstrates why school officials should aim to be more like Joe Friday from “Dragnet” and less like Inspector Clouseau from “The Pink Panther” when conducting internal investigations as the school district found itself without immunity under R.C. Chapter 2744 after conducting an inadequate investigation. The issues in Walker […]
It is a basic principle of education law that a contract is not enforceable against a board of education unless it is approved at a regular or special meeting. The case of Toledo City School Dist. Bd. of Edn. v. Toledo Fedn. of Teachers, AFT Local 250, 2016-Ohio-7807, demonstrates that this principle applies with equal […]
Does a board of education violate a collective bargaining agreement by including attendance data in a teacher evaluation? The answer is, “no” according to a state appellate court. In the case of Tolles Career & Technical School Bd. of Edn. v. Tolles Edn. Assn., 2016-Ohio-7835, the union attempted to arbitrate the “the inclusion of teacher […]
In a case with state-wide implications for the entire educational service center (“ESC”) financing structure, an Ohio appellate court found that the state operating subsidies provided to ESCs belong to ESCs – not their client school districts. McGown & Markling represented the Lake County ESC in this matter. By way of background, ESCs provide uniform […]
On October 28, 2016, the United States Supreme Court agreed to hear arguments in the case of Gloucester County School Board v. G.G., the Virginia case involving a transgender student who identifies as a boy and wishes to be allowed to use the boys’ restroom at his high school. McGown & Markling has previously blogged […]
In the case of Coterel v. Reed, 2016-Ohio-7411, an Ohio appellate court ruled that there was a jury issue regarding whether a township trustee acted manifestly outside the scope of his employment, which would be an exception to the trustees’ immunity, when it was alleged that the trustee engaged in quid pro quo exchanges and […]