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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Wilson v. Ohio State Chiropractic Bd. 18AP-739Trial court did not err in affirming adjudication order of Ohio State Chiropractic Board suspending chiropractor's license and imposing monetary fine. Board's restrictions on chiropractor's credentialing in print and television advertisements did not violate free speech rights under First Amendment or due process rights under Fourteenth Amendment.KlattFranklin 8/13/2019 8/13/2019 2019-Ohio-3243
Carnes v. Dept. of Taxation 18AP-777The trial court did not err in affirming the order of the State Personnel Board of Review that affirmed the decision of the appellant's employer to place the appellant on involuntary disability separation pursuant to Ohio Adm.Code 123:1-30-01.KlattFranklin 8/13/2019 8/13/2019 2019-Ohio-3244
State ex rel. Denton v. Indus. Comm. 18AP-100The Industrial Commission was not required to accept as persuasive evidence a vocational report premised on an unfounded assumption when it found relator is not entitled to PTD compensation. The vocational report failed to consider whether relator could perform light duty work. Relator’s objections to the magistrate’s decision are overruled and relator’s request for a writ of mandamus is denied.Beatty BluntFranklin 8/8/2019 8/8/2019 2019-Ohio-3173
State ex rel. Stallion Oilfield Constr., L.L.C. v. Indus. Comm. 18AP-350We deny relator’s request for a writ of mandamus compelling the Industrial Commission to vacate its order granting respondent’s request for TTD. Respondent did not voluntarily abandon his employment by violating a written policy; Relator did not follow its own policies regarding drug testing.Beatty BluntFranklin 8/8/2019 8/8/2019 2019-Ohio-3174
State v. Teitelbaum 19AP-137Trial court lacked subject-matter jurisdiction over appellant's untimely and successive postconviction petition where R.C. 2953.23(A) exceptions did not apply. Judgment affirmed.SadlerFranklin 8/8/2019 8/8/2019 2019-Ohio-3175
DSS Servs., L.L.C. v. Eitel's Towing, L.L.C. 18AP-567Judgment on the pleadings is inappropriate where the allegations in the complaint create a material issue of fact regarding the applicability of the R.C. 2744.02(B)(2) exception to political-subdivision immunity.KlattFranklin 8/6/2019 8/6/2019 2019-Ohio-3158
Koerper v. Szabo 18AP-734Trial court did not err in denying plaintiffs' Civ.R. 59 motion for new trial, as trial court did not abuse discretion in evidentiary rulings or refusal to provide jury instruction on successive tortfeasor rule, jury verdict was adequate and not against manifest weight of the evidence, and no irregularities occurred in trial court proceedings.KlattFranklin 8/6/2019 8/6/2019 2019-Ohio-3159
State v. Brown 18AP-754Trial court did not err in denying defendant's motion to suppress evidence. Defendant's encounter with police was consensual. Encounter occurred in public place; police merely asked questions about the baggie clenched in defendant's hand, but did not block his path, command him to stop walking, order him to open his hand, display a weapon, or otherwise indicate a display of force or authority that would make a reasonable person believe he or she was free to terminate the encounter.KlattFranklin 8/6/2019 8/6/2019 2019-Ohio-3160
State v. Young 19AP-49Trial court lacked jurisdiction to grant defendant's application to seal record of his conviction.KlattFranklin 8/6/2019 8/6/2019 2019-Ohio-3161
Ohioans for Concealed Carry v. Columbus 18AP-605Individual plaintiff had standing to pursue a statutory taxpayer action for injunctive relief under R.C. 733.59. However, plaintiff organizations failed to establish associational standing under R.C. 733.59, standing under R.C. 9.68, or public-right standing to pursue a statutory taxpayer action for claim for injunctive relief. Plaintiffs failed to establish standing under Declaratory Judgment Act for claim for declarative relief. Trial court committed prejudicial error by consolidating preliminary injunction proceedings with a decision on the merits without notice and over objections, depriving the City a full and fair opportunity to present evidence. Judgment reversed.Dorrian, J.Franklin 8/1/2019 8/1/2019 2019-Ohio-3105