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 Oliveri v. OsteoSTRONG, 2021-Ohio-1694, the Ohio Eleventh District Court of Appeals held that a trial court erred in granting summary judgment in favor of OsteoSTRONG because the waiver of liability signed by Oliveri did not waive all claims for injury and Oliveri may not have assumed the risk of injury. The […]
In the case of Green v. CDO Technologies, Inc., 2021-Ohio-1603, Ohio’s Second District Court of Appeals held that a former employer retains the right to make disparaging comments about a former employee to potential future employers if the former employer did not waive the right to do so in a settlement agreement. Green argued that […]
On May 6, 2021, the Department of Labor (“DOL”) announced the withdrawal of the test of independent contractors which was put into effect under the Trump administration. The withdrawal of the test went into immediate effect. The test set forth the standards for assessing whether a worker was an employee or an independent contractor under […]
In the case of Jiashin Wu v. Ohio Civ. Rights Comm’n, 2021-Ohio-1541, the Ohio Court of Appeals held that the letter of determination upon reconsideration issued by the Ohio Civil Rights Commission (“Commission”) adequately and sufficiently explained the decision to dismiss Dr. Wu’s claims of discrimination. In this case Dr. Wu argued that pursuant to […]
In the case of Caldwell v. Niles City Schools, 2021-Ohio-1543, the Eleventh District Court of Appeals held that a genuine issue of material fact was present when constructive discharge may have played a role in the “voluntary” resignation of an employee. The plaintiff argued that defendant constructively discharged her by failing to accommodate her disability. […]
In the case of State ex rel. Summit Cty. Republican Party Executive Commt. v LaRose, Slip Opinion No. 2021-Ohio-1464, the Ohio Supreme Court held that the Secretary of State does not have the authority to reject a committee recommendation for appointment for reasons unrelated to the individual’s personal misconduct or personal misbehavior. In this case, […]
In the case of Granite City Ctr. v. Champion Twp. Bd. Of Trustees, 2021-Ohio-1458, an Ohio Appeals Court held that the sovereign immunity for a political subdivision or city from liability is not applicable when liability stems from a potentially valid breach of contract claim. In this case, the company entered a contract with the […]
In the case Kellard v City of Cincinnati, 2021-Ohio-1420, an Ohio Appeals Court held that although the government employee prevailed against the City of Cincinnati, the employee is not entitled to the award granted by the lower court. In this case, an employee sued the city for a failure to update employment policies to reflect […]