| Case No. | Case Caption | Case Status | Date
Accepted | Case Issue |
|
2020-0255
|
State of Ohio
v.
Robert L. Bates
|
OPEN
|
3/31/2020
| Proposition of Law I:
The failure to include a sentence of post-release control when imposing a prison sentence must be corrected on direct appeal and failure to do so precludes supervision on PRC at the end of the prison sentence. |
|
2020-0092
|
State of Ohio ex rel. (Dave Yost), Ohio Attorney General
v.
Volkswagen Aktiengesellschaft d.b.a. Volkswagen Group and/or Volkswagen AG, et al.
|
OPEN
|
3/31/2020
| Proposition of Law No. 1 : State-Law Civil Claims Seeking to Regulate a Vehicle Manufacturer's Nationwide Updates to Emissions Control Software Are Impliedly Preempted by the Federal Clean Air Act.
1. Congress Intended Exclusive Federal Authority over Emissions Controls in Vehicle Models or Classes, Both Before and After Sale.
2. Ohio's Cumulative Penalties Conflict with Exclusive Federal Scheme.
Proposition of Law No. 2: State-Law Civil Claims Seeking to Regulate a Vehicle Manufacturer's Nationwide Updates to Emissions Control Software Are Expressly Preempted by the Federal Clean Air Act. |
|
2020-0059
|
State of Ohio
v.
Dustin D. Szarell
|
CLOSED
|
3/3/2020
| PROPOSITION OF LAW:
Trial counsel’s failure to file a motion to waive court costs at sentencing is ineffective assistance of counsel when the defendant has previously been found indigent. |
|
2020-0031
|
Siltstone Resources, LLC
v.
State of Ohio, Public Works Commission et al.
|
OPEN
|
3/25/2020
| Proposition of Law No. I: Courts may not enforce a restrictive covenant in a deed barring
the grantee from alienating the property without the consent of some other party, unless the
legislature has clearly allowed for such restraint on alienation in a statute by express terms
or unmistakable implication |
|
2020-0031
|
Siltstone Resources, LLC
v.
State of Ohio, Public Works Commission et al.
|
OPEN
|
3/25/2020
| Proposition of Law No. II: The legislature’s express provision for grant repayment and
liquidated damages in R.C. § 164.26(A) in the event that a grant recipient fails to comply
with long-term ownership requirements does not allow for additional equitable relief
fashioned by the courts. |
|
2020-0031
|
Siltstone Resources, LLC
v.
State of Ohio, Public Works Commission et al.
|
OPEN
|
3/25/2020
| Proposition of Law No. III: Because R.C. § 164.26(A) expressly provides for grant
repayment and liquidated damages in the event that long-term control requirements are not
met, the OPWC director cannot ignore or contradict the policy embodied by the statute by
requesting equitable relief or providing for equitable relief for violation of control
requirements in deeds conveying properties purchased with a Clean Ohio Fund grant. |
|
2020-0020
|
State of Ohio
v.
Thomas A. Kemp
|
OPEN
(Held)
|
2/18/2020
| Proposition of Law No. II: -
A trial court exceeds its authority in sentencing a defendant to a minimum term of 20 year(s) and a maximum term of Life when statute mandates a sentence of Life imprisonment with parole eligibility after serving twenty years of imprisonment. |
|
2020-0015
|
BST Ohio Corporation, et al.
v.
Evan Gary Wolgang, et al.
|
OPEN
|
3/17/2020
| Proposition of Law No. I: By its express language, and consistent with established Ohio arbitration policy, R.C. 2711.09 permits a party to seek confirmation of an arbitration award "at any time" within one year of the award, and absent a motion to vacate, modify, or correct the award pursuant to R.C. 2711.13, requires confirmation by the trial court.
Proposition of Law No. II: R.C. 2711.13 is a limitation period for filing a motion to vacate, modify, or correct an award; it is not intended as an absolute stay of confirmation proceedings controlled by a disgruntled losing party.
Proposition of Law No. III: Standards of the Federal Arbitration Act guide application of the Ohio Arbitration Act, and those standards are consistent with the framework outlined by the Tenth District Court of Appeals and federal courts addressing this issue. |
|
2020-0002
|
State of Ohio
v.
Kevin Cantrell
|
OPEN
(Held)
|
3/17/2020
| PROPOSITION OF LAW:
The caps on community-control-violation prison sentences for
underlying, qualified fourth- and fifth-degree felonies apply to all
community-control violations that are based upon conduct that does not
constitute a felony-level crime. R.C. 2929.15(B)(1)(c)(i) and (ii). |
|
2019-1815
|
John J. Reister, Receiver on behalf of Certified Steel Stud Association, Inc.
v.
William A. Gardner and Edward R. Slish
v.
Clarkwestern Dietrich Building Systems LLC dba ClarkDietrich
v.
Certified Steel Stud Association, Inc.
|
OPEN
|
3/17/2020
| Proposition of Law No. I:
Directors accused of breaching their fiduciary duties during a
corporation’s litigation are afforded a rebuttable presumption
under the business judgment rule, but they are not absolutely
immune from lawsuits based on a “litigation privilege.”
Proposition of Law No. II:
Ohio’s litigation privilege is a limited absolute immunity that
protects judges, parties, witnesses, and attorneys from subsequent
lawsuits for defamation, and it does not immunize all tortious conduct |
|