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20 Feb 2017, 7:02 am by MBettman
McGowan was asked by her CTC patients and staff to continue this practice, which she felt constituted insurance fraud in violation of R.C. 2913.47. [read post]
24 Feb 2020, 7:01 am by MBettman
Thus, the Third District held that Rasawehr’s conduct was done for the illegitimate purposes proscribed by R.C. 2903.211 and therefore was not protected by the First Amendment. [read post]
2 Nov 2011, 5:06 am by Russ Bensing
”  Well, guys, Baker didn’t “imply” it, and it wasn’t “interpeted” to mean that; it flat out said it: We answer the certified question by holding that the judgment of conviction is a single document that need not necessarily include the plea entered at arraignment, but that it must include the sentence and the means of conviction, whether by plea, verdict, or finding by the court, to be a final appealable order under… [read post]
20 May 2019, 4:57 am by MBettman
Just because the trial court gives the advisements under R.C. 2943.031(A) does not cure a lawyer’s failure to advise his client of the immigration consequences of a guilty plea. [read post]
29 Aug 2014, 3:40 pm by MBettman
Univ. of Cincinnati, 2006-Ohio-6208 (if an employee’s actions are self-serving or have no relationship to the employer’s business, then the conduct is ‘manifestly outside the scope of employment’) Ohio Gov’t Risk Mgt. [read post]
7 Mar 2024, 5:01 am by Eugene Volokh
The court held that the order was justified: A petition for a CSPO is governed by R.C. 2903.214. [read post]
18 Aug 2009, 3:52 am
  That’s not so in First Amendment law; a law which could arguably infringe upon constitutionally protected expression will be struck down, even if the particular defendant’s rights weren’t violated. [read post]
3 Jan 2017, 7:00 am by MBettman
McDonald Village Police Dept., 70 Ohio St.3d 351, 639 N.E.2d 31 (1994) ( R.C. 2744.03(A)(6)(b) applies to the actions of a law-enforcement officer.) [read post]
6 Jul 2012, 3:47 am by Russ Bensing
”  That wasn’t done in King, and it wasn’t done in Ramey, so that’s the end of it; there’s no such thing as an “implied waiver. [read post]
25 Sep 2010, 2:24 pm by Shawn R. Dominy, Attorney at Law
The license suspension really doesn’t make sense; the guy wasn’t using his driver’s license to ride the bike! [read post]
26 Jul 2018, 11:16 am by Eugene Volokh
He wrote: [T]he complaints seemed to be filed in retaliation for doing my due diligence of following up on several residents' complaints. [read post]
12 Apr 2016, 6:18 am by MBettman
Kaiser, 2012-Ohio-5686 (The medical malpractice statute of repose found in R.C. 2305.11(C) does not extinguish a vested right and thus does not violate the Ohio Constitution’s right to a remedy provision.) [read post]
25 Sep 2014, 10:21 am by MBettman
Case Conclusion Quarterman didn’t do the right thing from the beginning, and didn’t try to fix it right on appeal. [read post]
19 Dec 2016, 7:42 am
” Expectedly, Appellants further contended that “even if the lease was not unenforceable in its entirety, at the very least the trial court should have found the early termination provision to be unconscionable and refused to enforce it under R.C. 5321.14(A) and R.C. 5321.16(B). [read post]
6 Feb 2015, 7:13 am by MBettman
The statute in this case doesn’t protect a person’s liberty interest the way the statute did in Brown­-it is more a sharing of police resources. [read post]
5 Jan 2011, 3:40 am by Russ Bensing
  It’s just that, with the departure of Rance from the scene, they won’t be stupid ones. [read post]