Category: Case Updates

In the case of Hughes v. Youngstown State Univ., Ct. of Cl. No. 2017-00458JD, 2020-Ohio-611, the Ohio Court of Claims held that not considering a job applicant after interviewees were already selected is a legitimate, non-discriminatory reason to defeat a claim of discrimination. In this case, an African American qualified applicant applied to a university […]

In the case of Alcus v. Bainbridge Twp., 11th Dist. Geauga No. 2019-G-0205, 2020-Ohio-543, an Ohio appellate court held that parking a backhoe on non-public grounds is not a governmental function but is a proprietary function. In this case, a township employee parked a backhoe on service premises that fell over injuring a man and […]

In the case Marcus Roach Express, LLC v. Dir., Ohio Dep’t of Job & Family Servs., 11th Dist. Portage No. 2019-P-0054, 2019-Ohio-5414, an Ohio appellate court held that an appellate court does not have accept an administrative body’s improperly drawn inferences from undisputed facts. In this case, an employer appealed from an Ohio Unemployment Compensation […]

In the case Ames v. Rootstown Twp. Bd. of Trs., 11th Dist. Portage No. 2019-P-0019, 2019-Ohio-5412, an Ohio appellate court held that nonpublic, nonexempt executive sessions held during public meetings violate the Ohio Open Meetings Act. In this case, a plaintiff sued a township board of trustees for violating the Ohio Open Meetings Act (R.C. 121.22) […]

In the case M.F. v. Perry Cty. Children Servs., 5th Dist. Perry Nos. 19-CA-003, 19-CA-0004, 2019-Ohio-5435, an Ohio appellate court held that the failure of a political subdivision to investigate child abuse does not remove political subdivision tort immunity. In this case, a minor plaintiff sued a child services agency for failing to investigate child […]

In the case Bowersock v. Addlesburger, 4th Dist. Washington No. 19CA13, 2019-Ohio-5447, an Ohio appellate court held that a firefighter in a personal vehicle responding to an emergency call with the right of way and clear visibility will generally not constitute an exception to the statutory immunity afforded to both political subdivisions and political subdivision […]

In the case State ex rel. Delta Lookout, LLC v. City of Cincinnati, 1st Dist. Hamilton No. C-170107, 2019-Ohio-5353, an Ohio appellate court held that ancillary municipal acts that improve private streets are not enough to convert private streets into public streets under the doctrine of public acceptance. In this case, a business filed a […]

In the case of Caesars Entertainment d/b/a Rio All-Suites and International Union of Painters and Allied Trades, District Council 16, Local 159, AFL-CIO, No. 28-CA-160841 (Dec. 16, 2019), the National Labor Relations Board (“NLRB”) held that a private company does not impede the right of employees to organize unions when a private company prohibits employees […]