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 Toronto City Schools Bd. of Edn. v. Am. Energy Utica, L.L.C., 7th Dist. Jefferson No. 15 CV 245, 2020-Ohio-586, an Ohio appellate court held one party’s failure to perform on a contract does not give rise to automatic entitlement to damages. In this case, a board of education and other landowners […]
In the case Economus v. City of Independence, 8th Dist. Cuyahoga No. 107713, 2020-Ohio-266, an Ohio appellate court held that, if there is a question of fact as to whether a drainage system is part of a political subdivision’s sewer system, granting summary judgment on the basis of statutory immunity is wrong. In this case, […]
In the case of Turner v. Univ. of Cincinnati, 10th Dist. Franklin No. 18AP-518, 2020-Ohio-248, an Ohio appellate court held that an agency relationship for the purposes of liability is not created just because a student attends a university. In this case, a student apart of a university athletic club was driving teammates in their […]
In the case of Hal v. State Dep’t of Edn., 10th Dist. Franklin No. 18AP-301, 2020-Ohio-204, an Ohio appellate court held that appellate courts will not reconsider their decisions under App.R. 26 when appellants do not raise any new arguments. In this case, a teacher was denied renewal of their teaching and principal licenses because the […]
In the case of Columbus City Schs. Bd. of Edn. v. Franklin County Bd. of Revision, 10th Dist. Franklin Nos. 19AP-204, 19AP-206, 19AP- 207, 19AP-208, 19Ap-209, 19AP-210, 19AP-211, 19AP-212, 2020-Ohio-200, an Ohio appellate court held that, when using the sale price of an arm’s length transaction to determine the value of property, the Board of […]
The United States Department of Labor (“DOL”) finalized a new rule (available here) that clarifies the circumstances when employers will be determined to be joint-employers of employees under the Fair Labor Standards Act. The finalized rule provides a new four factor test for determining when an employer is a joint employer – i.e., whether the […]
In the case State ex rel. Dunn v. Plain Local School Dist. Bd. of Edn., 2020-Ohio-40, the Ohio Supreme Court held that a school board must pass on transfer petitions to the county board of elections sent to the school board under R.C. 3311.242. In this case, a village sent a transfer petition to a […]
In the case Lawless v. Bd. of Educ. Educ. Serv. Ctr., 4th Dist. Lawrence No. 18CA25, 2020-Ohio-117, an Ohio appellate court held that a severance clause compensating a treasurer after being terminated under R.C. 3319.16 for duties not completed violates Ohio public policy. In this case, an educational service center terminated its treasurer under R.C. […]