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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.

“Qualified Privilege” from Defamation Applies to Credible Reports

In the case of Alford v. Ohio Dept. of Rehab. & Corr., 2022-Ohio-4833, the Court of Claims held that a correctional facility was entitled to qualified immunity from defamation claims when the facility relied upon credible conduct reports. In this case, an inmate argued that the inmate was damaged based upon alleged defamatory statements contained […]

Open Ice Rink Doors May Not Be “Open and Obvious”

In the case of George v. Miami Univ., 2022-Ohio-4837, a Court of Claims magistrate recommended that a university be held liable for injuries arising from a Zamboni impacting an individual who fell into an ice rink through an unlocked, open door as a reasonable person would not perceive the danger of an open door leading […]

A Global Damage Calculation Approach May Apply to Abuse Cases

In the case of McCombs v. Ohio Dept. of Dev. Disabilities, 2022-Ohio-4834, the Court of Claims of Ohio held that the proper process for determining damages arising from the abuse of disabled individuals is to look at the global circumstances including, but not limited to, the individual abuses and the cumulative effect of such abuses […]

Some Evidence May Be Enough Evidence for Property Valuation Cases

In the case of Colerain Capital, L.L.C. v. Hamilton Cty. Aud., 2023-Ohio-56, the appellate court rejected a property owner’s challenge to the higher real property valuation as there was evidence in the record to support the county auditor’s higher valuation. In this case, the property owner challenged the real property valuation arguing that (1) neither […]

Claims Of Retaliation Must be Close in Time

In the case of Wheeler v. Miami Valley Career Tech. Ctr., No.22-3315 (Jan. 10, 2023), a federal appellate court held that the school did not retaliate against the teacher when the school did not promote the teacher after the teacher filed a lawsuit against the school six years prior. In this case, the teacher argued […]

Ban on Chewing Gum Does Not Fall under IDEA

In the case of Doe v. Knox Cnty. Bd. Of Educ., 56 F.4th 1076 (6th Cir.2023), a federal appellate court held that (1) the parents did not need to go through administrative exhaustion under the Individuals with Disabilities Education Act (“IDEA”) when the parents sought a ban on chewing gum because such a change does […]