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 Hartman v. Kerch, 2023-Ohio-1972, an appellate court held that summary judgment was inappropriate on a defamation per se claim when reasonable minds could reach different conclusions as to whether the advisor’s written statement that two men preyed on older single women. In this case, the men argued that the statement was […]
In the case of Mitchell v. Fix, 2023-Ohio-1957, an appellate court held that the political candidate did not have a valid defamation per se claim when the social media posts from a public official imply, but do not directly accuse, a political candidate of mailing political advertising that disparaged other candidates. In this case, the […]
In the case of State ex rel. One Person One Vote v. Ohio Ballot Bd., Slip Opinion No. 2023-Ohio-1928, the Ohio Supreme Court held that the language used for a proposed amendment to the Ohio Constitution could mislead voters by not properly explaining “electors” but did not mislead voters in failing to describe the current […]
In the case of Ross v. Menards, Inc., 2023-Ohio-2246, an appellate court held that the employee had to settle state law gender discrimination and unlawful retaliation claims against the employer through arbitration when the plain language of the employment contract mandated so. In this case, the employee argued that arbitration was not required as the […]
In the case of Carothers v. Shumaker, Loop & Kendrick, L.L.P., 2023-Ohio-1907, an appellate court held that (1) an arbitrator may enforce an attorney noncompete agreement in relation to retirement and (2) an arbitrator may modify an attorney noncompete agreement in respect to the geographic and timing restrictions when the issue is brought to the […]
In the case of Boucher v. Cleveland, 2023-Ohio-1818, an appellate court held that the city may be liable for an injury caused to a pedestrian by a damaged utility-access port on a sidewalk when the maintenance of a sidewalk is a proprietary governmental function that serves as an exception to governmental immunity under R.C. 2744.02. […]
In the case of Thomas v. City of Circleville, S.D.Ohio No. 2:23-cv-1474 (May 31, 2023), a federal district magistrate held that police officers may be held liable for a First Amendment retaliation claim and a claim made under R.C. 2307.60 when the officers made a false report to Children Services in retaliation against the father […]
In the case of Does v. Whitmer, 6th Cir. No. 22-1925 (May 30, 2023), a federal appellate court held that government officials could not be held liable for the actions of the state police in enforcing unconstitutional laws under the theory of supervisor liability when the officials did not knowingly allow or authorize the conduct. […]