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 Cabrera v. Charter Communications L.L.C., 2022-Ohio-2947, the Appellate Court held that the creation of an employment relationship was sufficient for creating a binding arbitration agreement between an employer and its employee where the employee agreed to the arbitration agreement during the application and onboarding processes. In this case, the employee argued […]
In the case of Ogletree v. Cleveland State Univ., N.D.Ohio No. 1:21-cv-00500 (Aug. 22, 2022), a federal district court held that mandatory room scans of student homes during online testing constitute unreasonable searches under the Fourth Amendment to the U.S. Constitution. In this case, the student argued that students have a reasonable expectation of privacy […]
In the case of State ex rel. Thelen v. State Emp. Relations Bd., 2022-Ohio-2883, the Appellate Court granted a teacher’s writ of mandamus to compel the State Employment Relations Board (“SERB”) to investigate claims against the school district for retaliation. The Appellate Court held that the teacher sufficiently alleged an unfair labor practice pursuant to […]
In the case of Cuyahoga Cty. Court of Common Pleas, Juvenile Div. v. Laborers’ Internatl. Union of N. Am., Local Union No. 860, 2022-Ohio-2866, the appellate court held that an arbitrator’s award should be modified because the arbitrator exceeded his authority under R.C. 2711.11(B) when he awarded on an issue that was not submitted to […]
In the case of Silvaggio v. Ashtabula Area City Sch. Bd. Of Educ., N.D.Ohio No. 22-cv-862, 2022 U.S. Dist. LEXIS 144853 (Aug. 12, 2022), a federal district court held that (1) a claim against a intervention specialist who allegedly wrongfully detained a special needs student in a restroom was appropriate under the Fourth Amendment, and […]
In the case of State ex. rel. Casey v. Brown, 2022-Ohio-2843, the Court denied a firefighter’s petition for a writ of mandamus seeking to compel the city to promote him to a recently vacated position after the union rejected his grievance. In order to be entitled to a writ of mandamus, a relator must demonstrate: […]
In the case of Career & Technical Assn. v. Auburn Vocational School Dist. Bd. Of Edn., 2022- Ohio-2737, the Court of Appeals held that a board of education’s unilateral modification to a collective bargaining agreement in termination of a stipend fell outside the scope of R.C. Chapter 4117, thus removing exclusive jurisdiction from the State […]
In the case of In re D.B., 2022-Ohio-2624, the appellate court held that the trial court failed to declare a financially responsible school district for a minor child at the time the child was removed from the custody of his natural mother in accordance with R.C. 2151.362(A)(1), and thus remanded the case back to the […]