Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.
An Ohio court ruled that the Ohio Department of Natural Resources (“Department”) “owes no duty to a recreational user to keep [its] park premises safe for entry and travel.” Early v. Ohio Dept. of Natural Resources, 2016-Ohio-7208, ¶ 2. The case involved a visitor at the Malabar Farms Parks, which is a park operated by […]
In the case of Jacobs v. Village of Oakwood, 2016-Ohio-5327, a state appellate court found that a village could be liable for using a residential grade swing on a municipal playground. The dispute in this case began when a 30-year old adult fell after the grommet on his swing broke while swinging on a municipal […]
A school district must release student contact information requested by a private, non-profit, corporation according to the Ohio Supreme Court in the case of State ex rel. School Choice Ohio, Inc. v. Cincinnati Pub. School Dist., Slip Opinion No. 2016-Ohio-5026. “School Choice Ohio, Inc. (“School Choice Ohio”), is a private, nonprofit corporation that informs Ohio […]
The failure to place a motorized cover over a swimming pool is not a “physical defect” for purposes of one of the political subdivision immunity exceptions. The case of Kinderdine v. Mahoning Cty. Bd. of Dev. Disabilities, 2016-Ohio-4815, involves the tragic drowning of a student. The student, who was autistic and allegedly had a tendency […]
Does a union commit an unfair labor practice by picketing the private employer of a board of education member? The answer is, “yes” according to an Ohio appellate court in the case of Harrison Hills Teachers Assn. v. State Emp. Relations Bd., 2016-Ohio-4661. The dispute began when “union members picketed on a public street outside […]
McGown & Markling spends a great deal of time advising public officials on how to recess into executive session and notice public meetings properly. So much time is spent on these issues because the penalties for violating the Ohio Open Meetings Act can be quite serious – as the Switzerland of Ohio Local School District […]
When the attorney-fee billing statements with detailed information about the tasks undertaken by a law firm representing a city are intertwined with summaries of the legal work performed, the detailed information is not a public record according to a new ruling by the Ohio Supreme Court. In the case of State ex rel. Pietrangelo v. […]
In the case of Buga v. Lorain, 2016-Ohio-3101, two City of Lorain employees were terminated during the probationary period provided under the collective bargaining agreement. Rather than filing a grievance to contest the termination, the employees filed separate actions seeking reinstatement and damages. The City defended the action by asserting that the employees’ failure to […]