Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.
The parties in Smith v. AFSCME Council 8, S.D. Ohio Case No. 2:18-CV-1226, entered into a settlement agreement requiring the American Federation of State, County and Municipal Employees (“AFSCME”) to cease implementing its “window policy” – i.e., a policy that allowed employees to opt-out of mandatory union dues but only within a small window of time […]
In the case of State ex rel. Bristow v. Baxter, 2019-Ohio-214, an Ohio appellate court held that a public records requestor was entitled to statutory damages as the public office failed to make any response to the requestor for more than two and a half months. In this case, the requestor made a total of […]
In the case of Kebler v. CaseFusion Corporation, 7th Cir. No. 17-1206 (Jan. 23, 2019), an Illinois federal appellate court held that the Age Discrimination in Employment Act (“ADEA”) does not protect job applicants from disparate impact based on age. While the federal appellate court found that the ADEA protects job applicants and current “employees […]
In the case of D.M. v. Bd. of Edn. Toledo Pub. Schs, N.D.Ohio No. 3:18CV1307, 2019 U.S. Dist. LEXIS 9252 (Jan. 18, 2019), a federal district court held that the parent of a disabled student was not required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) where “the state agency charged […]
In the case of Chillicothe Gazette v. Chillicothe City Schools, 2018-Ohio-5445, the Court of Claims adopted a special master’s report and recommendation finding documents regarding appointed insurance legal counsel are not public records when the records are created, maintained, and stored by the insurance company only. This case involved public records requests seeking records pertaining […]
In the case of Doe v. Skaggs, 2018-Ohio-5402, an Ohio appellate court held that mandatory child abuse reporting statutes do not strip school boards or school employees of statutory immunity when the school employees had no knowledge of the child abuse prior to the parents’ discovery of the abuse. In this case, a student developed […]
In the case of Chisholm v. St. Marys City Sch. Dist. Bd. of Educ., N.D. Ohio No. 3:16CV2849, a federal district court held that a football coach’s verbal insults toward student players did not constitute a violation of a student’s right to due process under the United States Constitution without accompanying physical action. This case centered […]
In the case of Doe v. Jackson Local Sch. Dist. Bd. of Educ., N.D. Ohio No. 5:17-cv-1931, an Ohio federal district court held that a school board and several of its employees are immune from liability where a student sexually harassed another student on a school bus because the school board and its employees had no […]