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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.

County Employee Immunity Because She Did Not Intend to Cause Harm

In the case Clark v. Campbell, 2020-Ohio-3333, 2020 Ohio App. LEXIS 2268, an Ohio appellate court held that the trial court erred in denying summary judgment to the county employee because she was entitled to immunity under R.C. 2744.03(A)(6), since she did not intend to cause harm, breach a known duty through an ulterior motive […]

Board Cannot Claim Immunity When Not Raised Timely

In the case Albright v. Eagles Nest Outfitters, Inc., 2020-Ohio-3046, 2020 Ohio App. LEXIS 1986, an Ohio appellate court found that because the board of education failed to timely assert immunity as an affirmative defense, the defense was waived. The board raised immunity as a defense for the first time in its motion for summary […]

Employee Claiming Racial Discrimination can be Compelled to Arbitrate when Arbitration Agreement is Part of Employment Contract

In the case Thomas v. Hyundai of Bedford, 2020-Ohio-3030, 2020 Ohio App. LEXIS 1965, an Ohio appellate court held that where a former employee signed an arbitration agreement with his then-employer, his assertion that he could not be compelled to arbitrate his race discrimination and retaliation claims against the employer was without merit because the […]

Legal Invoices Not Public Records When Private Entity Retains Law Firm

In the case State ex rel. Armatas v. Plain Twp. Bd. of Trustees, 2020-Ohio-1225, 2020 Ohio App. LEXIS 1118 the Ohio Supreme Court found that a petition for writ of mandamus to compel respondent-board to provide certain invoices for legal services is denied since a private entity retained the attorneys to represent public employee, the […]

SERS Has Discretion to Freeze Cost of Living Adjustment

In the case Ohio Ass’n of Pub. Sch. Emples. (OAPSE) v. Sch. Emples. Ret. Sys., 2020-Ohio-3005, 2020 Ohio App. LEXIS 1951, an Ohio appellate court found that the plain language of R.C. 3309.374 gave the School Employees Retirement System of Ohio (SERS) the discretion to freeze a cost-of-living adjustment (COLA) for three consecutive years, and […]

Amendments Did Not Vitally Alter Legislation

In the case Youngstown City Sch. Dist. Bd. of Educ. v. State, 2020-Ohio-2903, 2020 Ohio LEXIS 1182, the Ohio Supreme Court found that the amended bill continued to relate to the creation of new methods for attempting to improve underperforming schools and thus the amendments did not vitally alter H.B. 70, despite the addition of […]

Ohio Athletic Commission’s Decisions Regarding Qualifications of Athletic Referees are Legislative Acts and Protected by Immunity

In the case Al-Jahmi v. Ohio Ath. Com., 2020-Ohio-3487, 2020 Ohio Misc. LEXIS 98, the Court of Claims of Ohio held that in action for negligence where decedent died from injuries sustained in a professional fight sanctioned by defendant-state athletic commission, defendant’s motion for summary judgment is granted since defendant’s decisions regarding qualifications of ringside […]