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Category: Case Updates

Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.

Personal Animus by Public Official May Defeat Statutory Immunity

In the case of Morelia Group-DE, L.L.C. v. Weidman, 2023-Ohio-386, an appellate court held that a business sufficiently alleged a “set of facts” that, if proven true, may trigger the limited R.C. 2744.03(A)(6)(b) statutory immunity exception afforded to a township trustee as the complaint alleges that the trustee’s “personal animus” toward the business’s chief executive […]

Attorney General Ordered to Comply with Discovery Requests

In the case of State ex rel. Media & Democracy Ctr. v. Atty Gen., 2023-Ohio-364, an appellate court held that the Attorney General must comply with discovery requests that were beyond the scope of public records request when those discovery requests are necessary to determine the existence of public records and that a public official […]

Fraud Prevention Records Not Subject to Disclosure

In the case of The Markup v. Ohio Dept. of Job & Family Servs., 2023-Ohio-623, a special master held that most records relating to how the agency’s unemployment insurance fraud prediction system worked were infrastructure records under R.C. 149.433 and were exempt from disclosure under R.C. 149.43. In this case, the requester argued that the […]

Shooting Finger Gun Might Mean “You’re Fired!”

In the case of Duff v. Christopher, 2023-Ohio-349, the lead decision for an appellate court concluded that a trial court was required to hold an evidentiary hearing to determine whether an employer’s president threatened to shoot an employee in the head while holding the president’s hand up mimicking a handgun raising arose out of and/or […]

A Notice of Appeal Must be Delivered, Not Merely Dropped in the Mail

In the case of Van De Hey v. Ashtabula Cty. Aud., 2023-Ohio-346, an appellate court held that a taxpayer failed to file an appeal with the board within the statutorily required timeframe under R.C. 5717.05 when the board did not receive the notice of appeal through certified mail before the appeal deadline elapsed, and therefore, […]

Unions Are Prohibited from Using Judicial System to Circumvent Binding Contractual and Administrative Procedures

In the case of Cleveland Police Patrolmen’s Assn. v. Cleveland, 2023-Ohio-71, the appellate court found that the union was improperly using the Declaratory Judgment Act (R.C. Chapter 2721) to circumvent binding contractual and administrative procedures regarding the police officer discipline process. In this case, the union argued that the city should be prohibited from disciplining […]