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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.

Section 1983 Claims May Not Apply to Private Actors

In the case of Cleavenger v. B.O., 2022-Ohio-454, the Ohio Ninth District Court of Appeals held that the trial court properly granted a motion to dismiss a 42 U.S.C. 1983 (“Section 1983”) claim alleging that an alleged crime victim made false statements to the police and at trial about an alleged crime the plaintiff committed. […]

Community Fair Attendee Found to Be a Licensee and Not an Invitee

In the case of Durfor v. W. Mansfield Conservation Club, 2022-Ohio-416, the Ohio Third District Court of Appeals held a child who was injured at a community fair held on a private club’s property was not an “invitee.” Here, the parent argued that the child was an invitee and, therefore, asserted that the private club […]

The Ohio Fair Plan Underwriting Association Is a Public Office

In the case of State ex rel. Fair Hous. Opportunities of Northwest Ohio v. Ohio Fair Plan, 2022-Ohio-385, the Ohio Tenth District Court of Appeals granted a petition for a writ of mandamus to compel the Ohio Fair Plan Underwriting Association (“OFP”) to respond to a public records request. Here, the OFP argued that it […]

Adoption of Decision by State Personnel Board of Review of Employer Decision to Restore Employee to Former Position Not an Adjudication Subject to Appeal

In the case of Brady v. Youngstown State Univ., 2022-Ohio-353, the Ohio Tenth District Court of Appeals held that the trial court’s dismissal for lack of subject matter jurisdiction of an employee’s administrative appeal from the State Personnel Board of Review (“SPBR”) regarding the employer’s decision to rescind the elimination of the employee’s position, which […]