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 Cozad v. Ohio Elections Comm., 2023-Ohio-839, an appellate court held that the court did not have jurisdiction to decide whether the commission erred in rejecting a protective order as the rejection was not a final order and did not affect a substantial “right [in] the United States Constitution, the Ohio Constitution, […]
In the case of State ex rel. Borling v. State Teachers Retirement Sys. Bd. of Ohio, 2023-Ohio-838, an appellate court held that a retirement board had to review all listed reasons for disability in a teacher’s application for disability. In this case, the teacher argued that the teacher’s doctor listed both cryptococcal meningitis (“CM”) and […]
In the case of Burkons v. Beachwood, 2023-Ohio-1173, a special master recommended that (1) all of the requests for public records under R.C. 149.43 were either moot, as the city had provided documents under seal, or failed, as the requester did not provide any evidence that the requests were for records as defined by R.C. […]
In the case of Fonderlin v. Trumbull Family Fitness, 2023-Ohio-767, an appellate court found that a mother sufficiently alleged facts to allow a jury to decide if a family fitness center owed a duty to the mother’s minor son to protect the son from being sexually assaulted by two other children. In this case, the […]
In the case of Dintino v. Hanger Prosthetics & Orthotics E., Inc., 2023-Ohio-797, an appellate court held that the open and obvious doctrine precludes the instant statutory violation/negligence per se claims even when a patient tripped over an orthotic and prosthetic care clinic threshold, which violated commercial building administrative codes, as any defect was open […]
In the case of State ex rel. N. Canton City Council v. Stark Cty. Bd. of Elections, Slip Opinion No. 2023-Ohio-726, the Supreme Court of Ohio held that the tax levy in question was actually a replacement levy as opposed to a renewal levy and, therefore, the city council could only place the levy on […]
In the case of Grim v. Cleveland Clinic Found., 2023-Ohio-713, an appellate court dismissed workplace racial discrimination and retaliation claims asserted by a police officer employee against a hospital employer as the employee failed to present any factual evidence in support of such claims and, instead, rested solely upon mere conclusory allegations that the employer […]
In the case of State ex rel. Crilley v. Lowellville Bd. of Edn., 2023-Ohio-775, an appellate court refused to award attorney fees against a school board that failed to identify the remote learning plan purpose of a special meeting in violation of the Open Meetings Act (“OMA”) as (1) any action taken by the school […]