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 Gary B. v. Whitmer, 2020 U.S. App. LEXIS 13110 (6th Cir. 2020), the Sixth Circuit Court of Appeals held that there is constitutional right to literacy under the Fourteenth Amendment. In this case, a group of students sued the state Michigan for failing to deliver adequate schools that deliver minimum education in […]
In the case O’Donnell v. N.E. Ohio Neighborhood Health Servs., Inc., 8th Dist. Cuyahoga No. 108541, 2020-Ohio-1609, an Ohio appellate court held that a no specialized or technical knowledge needs to be presented in court for a jury to properly calculate back and front pay. In this case, an employer terminated an employee on the […]
In the case Rancho Cincinnati Rivers, LLC v. Warren Cty. Bd. of Revision, 12th Dist. Warren No. CA2019-07-075, 2020-Ohio-1319, an Ohio appellate court held that treating a property as unencumbered for the purposes of tax appraisals does not require the appraiser to treat the property as vacant. In this case, a dispute over the valuation […]
The Secretary of Labor (“Secretary”) has issued temporary regulations implementing Title I of the Family and Medical Leave Act (“FMLA”) in response to changes made by the Families First Coronavirus Response Act (“FFCRA”). The FFCRA enacted two new paid leave requirements, which were embodied in two different acts: The Emergency Paid Sick Leave Act (“EPSLA) […]
The Equal Employment Opportunity Commission issued guidance that an employer generally cannot prevent an employee from working under the ADA because they are vulnerable to COVID-19. The Equal Employment Opportunity Commission has given guidance that while an employer can exclude an employee for the COVID-19 threat posed to others, an employer cannot exclude an employee […]
In the case McGinty v. Ohio State Univ., 2020-Ohio-2872, the Ohio Court of Claims held that plaintiff failed to prove by a preponderance of the evidence that the legitimate, nondiscriminatory reason for his termination had no basis in fact, did not actually motivate the employer’s conduct, or was insufficient to warrant the challenged conduct. Plaintiff’s […]
In the case Village of Dalton v. City of Massillon, 9th Dist. Wayne No. 19AP0027, 2020-Ohio-1174, an Ohio appellate court held that under their ordinary meanings a duty to improve or maintain does not require a duty to replace property. In this case, a dispute between a village and city emerged as to who had […]
In the case State ex rel. Armatas v. Plain Twp. Bd. of Trs., 5th Dist. Stark No. 2019CA00141, 2020-Ohio-1225, an Ohio appellate court held that legal bills invoiced to a risk management organization, that a public entity is a member of, are not public records if the public entity does not possess the bills and […]