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20 Apr 2014, 8:42 am by MBettman
Key Statute and Precedent R.C. 4123.01(C) provides that in order for an employee’s injury to be compensable under the workers’ compensation fund, the injury must be “received in the course of, and arising out of, the injured employee’s employment. [read post]
1 Apr 2014, 6:02 am by MBettman
One reason for refusing to order specific performance of personal service contracts is lack of mutuality, meaning  a worker cannot be forced to work for an employer against the worker’s will, and an employer can’t be forced to hire a particular worker against the employer’s will. [read post]
1 Apr 2014, 3:23 am by Jon Hyman
MT @jonhyman: Does this mean you don’t think we need ENDA? [read post]
28 Mar 2014, 11:21 am by MBettman
” Case Syllabus Unvested military retirement benefits earned during marriage fall within the definition of marital property in R.C. 3105.171(A)(3)(a) and must be considered for division under R.C. 3105.171(C). [read post]
24 Mar 2014, 11:55 am by MBettman
R.C. 2929.12(C)(4) A defendant’s crime is less serious when “[t]here are substantial grounds to mitigate the offender’s conduct, although the grounds are not enough to constitute a defense. [read post]
21 Mar 2014, 6:55 am by MBettman
Dreyer’s testimony about Harris malingering was improper evidence of consciousness of guilt under R.C. 2945.371(J). [read post]
13 Mar 2014, 9:49 am by MBettman
The two key statutory provisions that allow a court to consider youth a factor in sentencing are R.C. 2929.11 and R.C. 29292.12. [read post]
26 Feb 2014, 10:02 pm by Carl Custer
However, supporting the principle of, “There ain’t no such thing as a free lunch,” Doyle and Erickson, citing Baumler, et al., and Velge, et al., wrote, “It has recently been proposed that the eradication of S. [read post]
25 Feb 2014, 8:38 am
I just don’t want them to say that — like give them ideas that — okay, you know, all the stuff that’s in the Bible, like, I don’t want them taught stuff that’s in the Bible. [read post]
7 Feb 2014, 2:49 pm
Undoubtedly, in light of the Supreme Court’s decision in Heller, “[t]he Second Amendment … is now clearly an important individual right, which should not be given short shrift. [read post]
30 Jan 2014, 3:58 pm by MBettman
Freshwater’s  Arguments for Reconsideration Freshwater argues throughout his motion that the effect of the Court’s ruling, which he claims is full of factual errors, is to forever lower the standards for terminating teachers under R.C. 3319.16. [read post]
19 Jan 2014, 6:03 am by MBettman
I’m with the members of the dissent who just didn’t see that evidence in this case. [read post]
31 Dec 2013, 7:59 am by MBettman
I don’t blog on all cases argued, so this list is totally subjective. 1. [read post]
19 Nov 2013, 10:50 am by Howard Friedman
Apparently, he’s an R.C. 3319.16 referee from Shelby.Justice O'Donnell also filed a dissenting opinion, which was joined by Justices Pfeiffer and Kennedy. [read post]