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 Eikenberry v. Municipality of New Lebanon, 2021-Ohio-453, the Ohio Second District Court of Appeals held that New Lebanon was immune from negligence claims under R.C. 2744.01(F) for the implementation of a new sewer system resulting in appellant’s injury because the new sewage system was deemed reconstruction as opposed to maintenance. The […]
In the case of S.W. Ohio Basketball, Inc. v. Himes, 2021-Ohio-415, the Ohio Twelfth District Court of Appeals held that the Director of the Ohio Department of Health’s August 1 Health Order subjecting contact and noncontact sports to different requirements had a legitimate government interest and was rationally related to achieving that interest. The trial […]
In the case of Viola v. Cuyahoga Cty. Prosecutor’s Office, 3032-Ohio-397, the court held that inspection of a prosecutor’s personal email was not required where the requester failed to show clear and convincing evidence that the prosecutor’s email contained public records. The requester believe that he was denied access to public records in violation of […]
In the case of Cleveland Firefighters Assn. IAFF Local 93 v. Cleveland Dept. of Law, 2021-Ohio-399, the court held that the special master in a public records case did not err in requiring the respondent to establish clear and convincing proof nor does the assumption of attorney client privilege meet the level of clear and […]
In the case of Sylvester v Turning Point Counseling Servs., Inc. 2021-Ohio-1284, an Ohio Appeals Court held that an expired employment contract cannot serve as the basis for a breach of contract claim. In this case, an employee filed a breach of contract claim, arguing that the employment contract was valid because the board failed […]
In the case of Portage County Educators Ass’n v. State Empl. Rels. Bd., 2020-Ohio-7004, an Ohio Appeals Court held that R.C. 4117.12(B) is unconstitutional because it seeks to regulate the content of speech with regard to picketing. In this case, the association argued that the statute imposed an unconstitutional content-based restriction on speech and that […]
In the case of Pagano v. Case Western Reserve Univ., 2021-Ohio-59, an Ohio Appeals Court held that granting summary judgment to a university was improper when a reasonable jury could find the university violated its tenure policy by not establishing clear criteria to award tenure to hybrid scientist candidates. The university argued the employee’s credentials […]
In the case of Noll v. Univ. of Akron, 2021-Ohio-1563, the Court of Claims of Ohio held that the requester’s request was properly denied because: the request was overly broad, the request was ambiguous, and a requester is only entitled to deleted records if the deleted records were deleted in violation of the office’s record […]