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 Thomson v. Boss Excavating & Grading, Inc., 2021-Ohio-3743, the Tenth District Court of Appeals held that an employee may bring an individual action against an employer for failure to pay a prevailing wage. Here, an employee argued that they were entitled to back pay and front pay after they were fired […]
In the case Upper Arlington City School Dist. Bd. of Edn. v. Upper Arlington Bldg. Dept., 2021-Ohio-3718, the Tenth District Appellate Court held that a parent does not have the right to intervene in litigation based on their personal interest. Here, a parent acted on behalf of their child to oppose the school board taking […]
With it being an election year for school boards of education, it is imperative that Board’s are aware of timelines for appointing individuals to fill vacancies on the board. The applicable statute, R.C. 3313.11, states that a vacancy may occur based on a number of situations, such as death, nonresidence, resignation, or removal from office. […]
In the case of P.M. v. Mayfield City Sch. Dist. Bd. of Edn., N.D.Ohio No. 1:21 CV 1711, 2021 U.S. Dist. LEXIS 1727703 (Sept. 13, 2021), the United States District Court for the Northern District of Ohio denied a parent’s request for a temporary restraining order after the District implemented a mask mandate for all […]
In the case Shepherd v. Dir., Ohio Dept. of Job & Family Servs., 2021-Ohio-3696, the Second District Court of Appeals held that by filing for unemployment benefits before attempting to resolve an employment dispute, the employee effectively resigned from their position. Here, an employee argued that they were entitled to unemployment benefits because they were […]
In the formal opinion issued by the Ohio Attorney General (“AG”), the AG stated that justices on the Ohio Supreme Court are not disqualified from participating in the COVID-19 vaccination monetary incentive program. Here, the AG analyzed Article IV, Section 6(B) of the Ohio Constitution which outlines what is and is not permissible judicial compensation. […]
In the case State ex rel. Terra State Community College v. Ohio School Bd. Emps. Retirement Sys., 2021-Ohio-3652, the Tenth District Court of Appeals adopted the magistrate’s decision which recommended denial of a college’s writ of mandamus seeking to compel the School Employees Retirement System of Ohio Board (“SERS”) to vacate its determination awarding SERS […]
In the case Martin v. Dir., Ohio Dept. of Job & Family Servs., 2021-Ohio-3656, the Eleventh District Court of Appeals held that the trial court did not err in affirming the denial of unemployment compensation benefits for an employee that quit employment without just cause. Here, the employee filed for unemployment benefits after leaving employment […]