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11 Jan 2017, 7:29 am
R.C. 1.49 (Non-exhaustive list for courts’ determination of legislative intent where the statute is ambiguous: (A) The object sought to be attained; (B) The circumstances under which the statute was enacted; (C) The legislative history; (D) The common law or former statutory provisions, including laws upon the same or similar subjects; (E) The consequences of a particular construction; (F) The administrative construction of the statute.) [read post]
3 Jan 2017, 7:00 am
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]
19 Dec 2016, 7:42 am
By: Stephen D. [read post]
16 Dec 2016, 11:03 am
“It’s déjà vu all over again. [read post]
14 Dec 2016, 6:38 am
Key Statutes and Precedent R.C. 2953.32 (Eligibility for judicial record sealing) R.C. 2953.36 (Offenses of violence cannot be expunged.) [read post]
5 Dec 2016, 6:31 am
By Stephen D. [read post]
22 Nov 2016, 11:12 am
Vacating a plea under R.C. 2943.031(D) would, however. [read post]
2 Nov 2016, 7:27 am
At issue in this case was the interpretation of the term “transact business” in R.C. 4117.13(D) in order to establish jurisdiction in a court of common pleas over an appeal from a State Employment Relations Board unfair labor practice adjudication. [read post]
28 Oct 2016, 11:49 am
On November 14, 2013, which was within the thirty days allowed by 28 U.S.C. 1367(d), the federal supplemental jurisdiction savings statute, the Antoons re-filed the medical malpractice case in state court. [read post]
26 Sep 2016, 7:00 am
Just days ago, that same adult threw a cup of urine in R.C. [read post]
22 Aug 2016, 6:28 am
The statutory phrase, “transacts business” in R.C. 4117.13(D) is not ambiguous. [read post]
14 Aug 2016, 9:01 pm
By: Stephen D. [read post]
12 Aug 2016, 8:25 am
The Tenth District read ambiguity into R.C. 4117.13(D) where none exits. [read post]
29 Jul 2016, 7:49 am
Doss can still appeal this ruling, but I’d say his chances of succeeding on appeal are slim to none. [read post]
5 Jul 2016, 9:09 am
R.C. 1303.31 sets forth who can obtain such a judgment. [read post]
21 Jun 2016, 8:39 am
”) R.C. 149.43(C)(2)(c) (Court costs and reasonable attorney’s fees are remedial, not punitive. [read post]
25 May 2016, 11:28 am
As I posted here, after the Supreme Court of Ohio reversed and remanded this case to apply the punitive damages cap in R.C. 2315.21(D)(2)(a) to the two million dollar punitive damages judgment, arguing began in earnest over the amount and the distribution of the punitive damages. [read post]
13 May 2016, 6:22 am
This involves the interpretation of R.C. 4141.282 (C) and (D). [read post]
10 May 2016, 9:12 am
Key Statutes and Precedent R.C. 2505.02 (A)(3) (A proceeding for discovery of privileged matter is a provisional remedy.) [read post]
28 Apr 2016, 6:53 am
At issue is whether the mandatory transfer of juveniles to adult court pursuant to R.C. 2152.10(A)(2)(b) and R.C. 2152.12(A)(1)(b) is unconstitutional. [read post]