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 Orange City Schools Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision, 2019-Ohio-634, an Ohio appellate court held that the sale of a holding company whose only asset is real property will be considered a sale of real property for property tax valuation purposes. In this case, a business purchased a […]
In the case of Baab v. Medina City Schools Bd. of Edn., 2019-Ohio-510, an Ohio appellate court held that a school counselor’s failure to act upon learning of a student’s suicidal intentions may not be shielded by political subdivision immunity. In this case, the school counselor met with a student on several occasions after receiving […]
In the case of State ex rel. Mignella v. Indus. Comm., Slip Opinion No. 2019-Ohio-463, the Supreme Court of Ohio held that the Ohio Industrial Commission (“Commission”) may require an applicant for disability benefits from the Bureau of Worker’s Compensation to submit to a second medical examination when the Commission identifies why another medical examination […]
The case of Greater Dayton Regional Transit Auth. v. Amalgamated Transit Union AFL-CIO Local 1385, 2019-Ohio-392, serves as yet another reminder that management rights may be contracted away in a collective bargaining agreement. As a general rule, employers retain “the right to exercise certain management rights [such as assigning job duties], unless a specific provision […]
In the case of Parmertor v. Chardon Local Schools, 2019-Ohio-328, an Ohio appellate court held that the failure to recommend hiring a school resource officer (“SRO”) did not constitute malice, bad faith, wanton, or reckless misconduct – in this case – and, therefore, did not activate the narrow exceptions to the statutory immunity afforded to […]
In the case of Sherman v. Ohio Pub. Emps. Retirement Sys., 2019-Ohio-278, an Ohio appellate court held that Ohio Public Employees Retirement System (“OPERS”) retire-rehire “double dipping” is not against public policy. In this case, an OPERS retiree sought class certification on behalf of all OPERS retirees for whom OPERS withheld a portion of their […]
In the National Labor Relations Board (“NLRB”) decision of SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019), the NLRB returned to the traditional common-law test for determining whether a worker is an independent contractor – a departure from recent NLRB decisions. The traditional common-law “inquiry involves application of the nonexhaustive common-law factors enumerated in the […]
In the case of Davis v. Brown Local Schools, 2019-Ohio-246, an Ohio appellate court held that school bus drivers do not have a heightened duty of care to other drivers. In this case, a school bus driver collided with another vehicle that spun across the center line while transporting student basketball players to a game. […]