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 Burnell v. Cleveland Metro. School Dist., 2016-Ohio-7406, an Ohio appellate court reiterated its previous holding that a “trial court has jurisdiction to determine whether [a] teacher[] received an adequate hearing but lacks jurisdiction to review the Board’s decision not to renew the teachers’ contracts.” Burnell at ¶ 9. The case involved […]
In the case of Greenview Local School Dist. Bd. of Edn. v. Staffco Constr., Inc., 2016-Ohio-7321, an Ohio appellate court found that purely economic losses do not arise from tangible physical harm to persons or property and are, therefore, insufficient to satisfy an exception to political subdivision immunity. The case arises out of the construction […]
Nobody likes a “Nosey Nellie.” The case of Bennett v. Columbiana Cty. Coroner, 2016-Ohio-7182, presents the issue of whether a nosey employee, who is constantly complaining about the workplace, is simply a whiner or is actually a whistleblower entitled to protection under Ohio law. In Bennett, an Ohio appellate court found that an employee must […]
In the case of Glenn v. Columbus, 2016-Ohio-7011, an Ohio appellate court found that a “reasonable jury could conclude that [a firefighter’s] conduct of not activating Engine 32’s electronic siren during [an] emergency run, and entering the intersection at 35 m.p.h. against a red light, despite an observable vehicle continuing to move toward the intersection, […]
In a sweeping decision, an Ohio federal district court ordered a local school district to treat a transgender student “as the girl she is, including referring to her by female pronouns and her female name and allowing her to use the girls’ restroom.” Bd. of Educ. of the Highland Local School Dist. v. United States […]
Can a teacher be prosecuted for the choice of visual materials shown to students? A divided Ohio appellate court answered that question in the affirmative, upholding a jury verdict convicting a substitute teacher of four counts of disseminating harmful materials to juveniles. The events giving rise to the conviction in the case of State v. […]
Here at McGown & Markling, we generally inform school clients that nothing good comes from talking to the press about personnel matters. The case of Stepp v. Medina City School Dist. Bd. of Edn., 2016-Ohio-5875, provides an excellent example of why this is so. In Stepp, an Ohio appellate court found that the claims of […]
What does a person need to do to get statutory damages in a public records case? More than video tape the delivery of the written request according to a recent Ohio Supreme Court ruling. In the case of State ex rel. Pietrangelo v. Avon Lake, Slip Opinion No. 2016-Ohio-5725, the plaintiff requested that the Ohio […]