Search for: "R.C."
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17 May 2012, 6:02 am
The Supreme Court of Ohio held today that when a certified police officer has been promoted to chief of police in a township that does not have a civil service commission, and that person is later terminated as chief other than for cause, the officer does not have an automatic right under R.C. 505.49(B)(3) to be reinstated to the position he or she held before being promoted to chief. [read post]
22 Mar 2022, 5:13 am
At issue in this case is whether Ohio’s statutory cap on non-economic damages, codified in R.C. 2315.18, is unconstitutional as applied to … Continue reading → The post Oral Argument Preview: Tort Reform Revisited. [read post]
11 Feb 2007, 11:24 am
Targeted at trial atttorneys, the article discusses the competing time restrictions between Ohio’s statues of limitation to bring a personal injury claim and a claim against a decedent’s Estate (R.C. [read post]
5 Oct 2009, 11:01 am
The Ohio Supreme Court, last Wednesday, upheld a state law that imposes 10 additional days of mandatory jail time on a driver with a prior DUI conviction if that person refuses to take a chemical test after being arrested for a subsequent DUI violation. ( Court's Holding and Summary ) Ohio's DUI statute, R.C. 4511.19, sets a mandatory minimum jail term of 10 days for a repeat DUI offender who is [read post]
17 Sep 2010, 7:30 am
R.C. [read post]
6 May 2010, 1:08 am
The Supreme Court of Ohio ruled today that under R.C. 2953.74, a state law that allows prison inmates to obtain new DNA testing of evidence from their trials under certain conditions, a prior DNA test is not “definitive” when a new testing method can detect information that could not be detected by the prior DNA test. [read post]
30 Apr 2013, 9:56 am
" During the subsequent medical malpractice trial, the statement was not admitted, due to Ohio's "apology statute," R.C. 2317.43. [read post]
3 Jul 2012, 6:02 am
The Supreme Court of Ohio ruled today that a corporation cannot avoid its duty under R.C. 1701.13(E)(5)(a) to advance the legal defense expenses of a corporate director who is sued in his or her capacity as a director by claiming that the director’s misconduct, if proven, would amount to a violation of his or her fiduciary duties to the corporation. [read post]
8 Apr 2022, 7:21 am
At issue in this case is whether Ohio’s statutory cap on non-economic damages, codified in R.C. 2315.18, is unconstitutional as applied to the facts in … Continue reading → The post What’s On Their Minds: Tort Reform Revisited. [read post]
20 Nov 2009, 8:18 pm
The Supreme Court of Ohio ruled today that when a party in a civil lawsuit moves for a stay of trial pending arbitration of the dispute, and the trial court issues an order granting or denying the requested stay, R.C. 2711.02(C) permits an immediate appeal of the trial court’s order, even when that order does not include a judicial determination that there is “no just cause for delay” in pursuing an appeal as required by Civil Rule 54(B). [read post]
2 Sep 2014, 9:05 am
The Court ruled that an individual employee cannot be held liable for employment discrimination under R.C. 4112.01(A)(2) and 4112.02(A), as those statutes [read post]
Court Punts on Separation of Powers Issue in Arson Offender Registration Statute. State v. Carlisle.
22 Dec 2020, 5:17 am
The conflict was whether R.C. 2909.15(D)(2)(b), the reduction provision of the Arson Offender Registration Statute, unconstitutionally … Continue reading → The post Court Punts on Separation of Powers Issue in Arson Offender Registration Statute. [read post]
27 Aug 2010, 1:16 am
The Supreme Court of Ohio ruled today that in capital murder cases where a trial court is required to file a separate sentencing opinion setting forth the court’s specific findings regarding a death sentence, a “final appealable order” consists of both the court’s judgment of conviction filed pursuant to Criminal Rule 32(C), and its sentencing opinion filed pursuant to R.C.2929.03(F). [read post]
8 Mar 2012, 6:20 am
The Supreme Court of Ohio ruled today that under current state law, when a claimant or employer appeals an order of the Ohio Industrial Commission in a workers’ compensation case to a common pleas court, failure by the appellant to name the administrator of the Bureau of Workers’ Compensation (BWC) as a party and to serve the administrator with a copy of the appeal notice as required by R.C. 4123.512 are not “jurisdictional” defects (i.e., are not errors that deprive… [read post]
14 Dec 2010, 5:01 am
Here are my selections for the top ten (10) twelve (12) New Jersey elder law / public benefits / Medicaid cases decided in 2010: (1) R.C. v. [read post]
15 Dec 2009, 7:37 pm
Judging from this report, he should sue the Town Center Mall in Charleston, whose behavior was obviously unreasonable, and he should seek discipline regarding officer R.C. [read post]
Expert's Testimony Without U.S. Trademark Register Insufficient to Support Counterfeiting Conviction
6 Feb 2010, 6:10 am
The Supreme Court of Ohio today ruled that a trademark-investigation expert’s testimony that he is aware that certain trademarks are registered but that he has never personally viewed the trademark-registration documents is insufficient to prove by itself that the trademarks are registered on the principal register in the United States Patent and Trademark Office as required for a conviction for trademark counterfeiting under R.C. 2913.34. [read post]
Private Property Leased For Profit to School Does Not Qualify for 'Public Schoolhouse' Tax Exemption
14 Oct 2010, 1:08 am
In a 7-0 decision announced today, the Supreme Court of Ohio held that the property tax exemption for a “public schoolhouse” set forth in R.C. 5709.07(A)(1) does not apply to property that is leased by its owner to a school for profit. [read post]
14 Jul 2011, 4:03 am
In a 7-0 decision announced today, the Supreme Court of Ohio ruled that a physician who serves as a volunteer “clinical faculty member” by allowing students at a state university medical school to observe his private practice is not entitled to personal immunity from malpractice liability under R.C. 9.86 as an employee or officer of the state. [read post]
26 Oct 2017, 6:01 am
The Supreme Court today unanimously upheld the constitutionality of R.C. 2903.11(B)(1), Ohio’s HIV-disclosure statute, which makes it a crime for a person who has tested positive for HIV to knowingly engage in sexual conduct with another without disclosing that information, concluding that it does not violate either the free speech provision of the First Amendment or the Equal Protection Clauses of the United States or Ohio Constitutions. [read post]
