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25 Jul 2018, 8:29 am
Binns (1988), 35 Ohio St.3d 176.While Ohio’s Seller Disclosure Act (R.C. 5302.30; the “Disclosure Act”) still requires sellers of most types of residential property to disclose known defects, the Disclosure Act does not directly modify the doctrine of caveat emptor by creating a new statutory fraud claim or by eliminating existing common law claims. [read post]
2 Jul 2010, 12:00 am by Sex Offender Issues
{¶3} On July 30, 2009, pursuant to a plea deal, appellant entered pleas of guilty to Count 1, rape (R.C. 2907.02(A)(2)) and Count 25, pandering sexually oriented material involving a minor (R.C. 2907.322(A)(1)). [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]
15 Jul 2010, 2:39 pm by Bexis
  Slip op. at 2.We’re puzzled why there’s no statute of limitations issue in the case, but apparently there wasn’t – nobody even mentioned it. [read post]
18 Dec 2011, 2:00 am by sevach
Tal cuestión debe ser abordada recordando (por todas, sentencia de 13 de julio de 2011 -R.C. nº 4964 / 2007- F.D. 5º-) que los límites susceptibles de control jurisdiccional que la jurisprudencia tradicional declaró respecto de la llamada discrecionalidad técnica fueron estos: los elementos reglados, los hechos determinantes y los principios generales del derecho; y subrayando también que la más reciente doctrina de esta… [read post]
28 Mar 2007, 5:02 am
That isn't the extent of Ferron's folly. [read post]
28 Nov 2017, 9:58 am by Eugene Volokh
“While R.C. 3113.31 affords trial courts discretion in imposing restrictions corresponding to a CPO, this discretion is not limitless. [read post]
4 May 2010, 1:08 pm by Jeff Gamso
[A] prior DNA test is not “definitive” within the meaning of R.C. 2953.74(A) when a new DNA testing method can detect information that could not be detected by the prior DNA test.Still, Prade doesn't get a new test unless the lower courts now agree that a new test would be "outcome determinative. [read post]
11 Sep 2017, 8:11 am by MBettman
I wrote, “the justices seemed skeptical about the distinction between persons and patrons, and about [Johnson’s] argument that what happened here wasn’t a sale. [read post]
7 Apr 2017, 3:46 pm
The court begins the opinion by explaining that[T]his matter arises out of a series of threats that Klingel made toward police on his Facebook page. [read post]
18 Dec 2009, 3:45 am by Russ Bensing
The latter had a .38, leading to firearm specifications for the both of them, although my client insisted to the police "I didn't know the white boy had a gun. [read post]
10 Sep 2010, 8:07 am by Bexis
Hyster Co., 127 F.3d 649, 653-54 (8th Cir. 1997).Parts of the Third Restatement could apply in Arkansas, but there's a statute, and we don't like courts playing games with product liability statutes.CaliforniaOnce upon a time, California invented strict liability, and it hasn’t adopted either the Second or Third Restatement formulations. [read post]
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]