|
Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
07/26/2024 Case Announcements
| | Motion and procedural rulings. | | |
7/26/2024
|
7/26/2024
| 2024-Ohio-2818 |
07/26/2024 Case Announcements #2
| | Motion and procedural rulings. | | |
7/26/2024
|
7/26/2024
| 2024-Ohio-2828 |
Berkheimer v. REKM, L.L.C.
| 2023-0293 | Civil law—Negligence—Suppliers of food—In negligence cases involving an injurious substance in food, the correct analysis is that adopted in Allen v. Grafton—No breach of duty occurs when consumer could have reasonably expected and guarded against presence of injurious substance in food, and what consumer could have reasonably expected is informed by whether the injurious substance in the food is foreign to or natural to the food—Court of appeals’ judgment affirmed. | Deters, J. | Slip Opinion No. 2024-Ohio-2787 |
7/25/2024
|
7/25/2024
| 2024-Ohio-2787 |
Cleveland Metro. Bar Assn. v. Brown
| 2024-0487 | Attorneys—Misconduct—Violations of the Rules of Professional Conduct by neglecting a client’s legal matter, failing to reasonably communicate, and failing to protect the client’s interests upon termination of her representation—Conditionally stayed six-month suspension. | Per Curiam | Slip Opinion No. 2024-Ohio-2789 |
7/25/2024
|
7/25/2024
| 2024-Ohio-2789 |
State v. Jones
| 2023-0572 | Ohio Const., art. IV, § 2(B)(2)—R.C. 2505.03(A)—This court has jurisdiction to review court of appeals’ judgment under Article IV, Section 2(B)(2) of Ohio Constitution and R.C. 2505.03(A)—App.R. 12—Court of appeals did not affirm, modify, or reverse trial court’s judgment as required by App.R. 12(A)(1)(a)—Court of appeals did not decide all assignments of error raised on appeal as required by App.R. 12(A)(1)(c)—Court of appeals’ judgment reversed and cause remanded. | Stewart, J. | Slip Opinion No. 2024-Ohio-2719 |
7/25/2024
|
7/25/2024
| 2024-Ohio-2719 |
07/25/2024 Case Announcements
| | Merit decisions with opinions. | | |
7/25/2024
|
7/25/2024
| 2024-Ohio-2799 |
State ex rel. Ctr. for Media & Democracy v. Yost
| 2023-0270 | Final, appealable order—Provisional remedy—Court of appeals’ order denying protection order regarding discovery in public-records mandamus case meets provisional-remedy requirement and is appealable under R.C. 2505.02(B)(4) because order determines the action and prevents a judgment and appealing party would not be able to obtain effective relief through appeal following final judgment—Motion to dismiss denied and oral argument ordered. | DeWine, J. | Slip Opinion No. 2024-Ohio-2786 |
7/25/2024
|
7/25/2024
| 2024-Ohio-2786 |
Disciplinary Counsel v. Kaiser
| 2024-0171 | Attorneys—Misconduct—Violations of the Rules of Professional Conduct, including Prof.Cond.R. 1.3 (requiring a lawyer to act with reasonable diligence in representing a client), 1.15(c) (requiring a lawyer to deposit into a client trust account legal fees and expenses that have been paid in advance), 1.16(e) (requiring a lawyer to promptly refund any unearned fee upon the lawyer’s withdrawal from employment), and 8.1(a) (prohibiting a lawyer from knowingly making a false statement of material fact in connection with a disciplinary matter)—One-year suspension imposed, fully stayed on conditions. | Per Curiam | Slip Opinion No. 2024-Ohio-2788 |
7/25/2024
|
7/25/2024
| 2024-Ohio-2788 |
07/24/2024 Case Announcements #2
| | Reconsideration of prior decisions. | | |
7/24/2024
|
7/24/2024
| 2024-Ohio-2782 |
07/24/2024 Case Announcements #3
| | Motion and procedural rulings—Miscellaneous dismissals—Mediation matters. | | |
7/24/2024
|
7/24/2024
| 2024-Ohio-2791 |
McCullough v. Bennett
| 2022-0879 | Saving statute—R.C. 2305.19(A)—Plaintiff may use saving statute to file claim a third time when plaintiff’s first two complaints failed otherwise than on the merits and third complaint was filed within one year of dismissal of second complaint—“One-use” restriction on use of saving statute is not supported by statutory text of R.C. 2305.19(A)—Judgment affirmed. | DeWine, J. | Slip Opinion No. 2024-Ohio-2783 |
7/24/2024
|
7/24/2024
| 2024-Ohio-2783 |
State ex rel. Smith v. Hamilton Cty. Court of Common Pleas
| 2024-0028 | Mandamus—Prohibition—A court of common pleas is not sui juris, and suing an entity that is not sui juris is a ground for dismissal—Civ.R. 52 has no application to a long-closed criminal case—New arguments may not be raised on appeal—Prohibition claim did not allege that trial court exercised judicial power unauthorized by law—Court of appeals’ judgment granting motion to dismiss affirmed. | Per Curiam | Slip Opinion No. 2024-Ohio-2779 |
7/24/2024
|
7/24/2024
| 2024-Ohio-2779 |
07/24/2024 Case Announcements
| | Merit decisions with opinions—Merit decisions without opinions—Motion and procedural rulings—Appeals accepted for review—Appeals not accepted for review—Miscellaneous dismissals. | | |
7/24/2024
|
7/24/2024
| 2024-Ohio-2781 |
State ex rel. Cotten v. Frericks
| 2023-1465 | Mandamus—Appellant had adequate remedy in ordinary course of law through appeal—Court of appeals’ judgment affirmed. | Per Curiam | Slip Opinion No. 2024-Ohio-2778 |
7/24/2024
|
7/24/2024
| 2024-Ohio-2778 |
State ex rel. Boyle v. Chambers-Smith
| 2023-1386 | Mandamus—Appellant’s failure to raise an objection to magistrate’s decision adopted by appellate court that he had adequate remedy in ordinary course of law waives any such argument on appeal—Court of appeals’ judgment affirmed. | Per Curiam | Slip Opinion No. 2024-Ohio-2777 |
7/24/2024
|
7/24/2024
| 2024-Ohio-2777 |
In re R.G.M.
| 2023-0514 | Family law—Legal custody—Due process—Cross-examination—Biological parent was not entitled to same due-process rights in legal-custody dispositional hearing as those afforded parents in permanent-custody proceedings—Record did not demonstrate that biological parent was denied opportunity to cross-examine author of report relied on by juvenile court or why cross-examination would have been beneficial, let alone critical, to biological parent’s case—Biological parent’s due-process rights were not violated when juvenile court considered report under R.C. 2151.35(B) and Juv.R. 34(B)—Court of appeals’ judgment reversed and cause remanded. | Brunner, J. | Slip Opinion No. 2024-Ohio-2737 |
7/23/2024
|
7/23/2024
| 2024-Ohio-2737 |
07/23/2024 Case Announcements #2
| | Merit decisions with opinions. | | |
7/23/2024
|
7/23/2024
| 2024-Ohio-2776 |
07/23/2024 Case Announcements
| | Merit decisions without opinions—Motion and procedural rulings—Appeals accepted for review—Appeals not accepted for review—Reconsideration of prior decisions—Disciplinary cases. | | |
7/23/2024
|
7/23/2024
| 2024-Ohio-2718 |
State ex rel. Mack v. Richland Cty. Sheriff's Office
| 2023-1201 | Mandamus—Public Records Act—R.C. 149.43—Statutory damages—Public office from which records were requested must produce responsive records to which the R.C. 149.43(B)(8) exception does not apply or certify that no such records exist—Limited writ granted and statutory damages denied. | Per Curiam | Slip Opinion No. 2024-Ohio-2748 |
7/23/2024
|
7/23/2024
| 2024-Ohio-2748 |
State ex rel. Ware v. Stone
| 2023-1343 | Mandamus—Public-records requests—R.C. 149.43—Generally, in an original action seeking an extraordinary writ, the court may issue an alternative writ and a scheduling order that control for the action and supersede conflicting rules of civil procedure—Because the prosecutor produced all the records responsive to the public-records request, the request for a writ of mandamus was moot—Court of appeals properly declined to award statutory damages and court costs—Court of appeals’ judgment affirmed. | Per Curiam | Slip Opinion No. 2024-Ohio-2746 |
7/23/2024
|
7/23/2024
| 2024-Ohio-2746 |
State ex rel. McCarley v. Dept. of Rehab. & Corr.
| 2023-1271 | Mandamus—Court of appeals did not err by relying on documents attached to appellant’s complaint when granting appellee’s motion for judgment on the pleadings—Because appellant failed to show that Rules Infraction Board’s guilty finding imposed an atypical and significant hardship on him, mandamus was not proper—Court of appeals’ judgment affirmed. | Per Curiam | Slip Opinion No. 2024-Ohio-2747 |
7/23/2024
|
7/23/2024
| 2024-Ohio-2747 |
07/22/2024 Case Announcements
| | Official versions released. | | |
7/22/2024
|
7/22/2024
| 2024-Ohio-2749 |
07/22/2024 Case Announcements #2
| | Motion and procedural rulings. | | |
7/22/2024
|
7/22/2024
| 2024-Ohio-2780 |
07/19/2024 Case Announcements
| | Motion and procedural rulings—Disciplinary cases. | | |
7/19/2024
|
7/19/2024
| 2024-Ohio-2724 |
07/19/2024 Case Announcements #2
| | Motion and procedural rulings. | | |
7/19/2024
|
7/19/2024
| 2024-Ohio-2751 |
07/18/2024 Case Announcements
| | Merit decisions with opinions—Disciplinary cases. | | |
7/18/2024
|
7/18/2024
| 2024-Ohio-2705 |
State ex rel. Mobley v. Tyack
| 2023-1094 | Mandamus—Relator’s public-records request did not identify with reasonable clarity the records he was seeking from county prosecutor’s office—Writ and request for statutory damages and court costs denied. | Per Curiam | Slip Opinion No. 2024-Ohio-2692 |
7/18/2024
|
7/18/2024
| 2024-Ohio-2692 |
Look Ahead Am. v. Stark Cty. Bd. of Elections
| 2023-1059 | Statutory interpretation—R.C. 121.22(G)(2)—Open meetings—Public bodies—Executive session—Premature-disclosure clause within R.C. 121.22(G)(2) following list of permissible reasons for a public body to enter executive session applies to entire list—Court of appeals’ judgment reversed and cause remanded to trial court for new trial. | Kennedy, C.J. | Slip Opinion No. 2024-Ohio-2691 |
7/18/2024
|
7/18/2024
| 2024-Ohio-2691 |
State ex rel. Scott v. Toledo Corr. Inst.
| 2023-1170 | Mandamus—Public-records requests—A public office has no duty to produce nonexistent records—When no evidence exists to rebut public-records custodian’s claim that the requested records do not exist, the public office satisfies its obligations under R.C. 149.43—Writ and requests for statutory damages and court costs denied. | Per Curiam | Slip Opinion No. 2024-Ohio-2694 |
7/18/2024
|
7/18/2024
| 2024-Ohio-2694 |
Disciplinary Counsel v. Risner
| 2024-0731 | Attorneys at law—Reciprocal discipline from the Supreme Court of Tennessee—Indefinite suspension—Gov.Bar R. V(11)(F)(4). | | |
7/18/2024
|
7/18/2024
| 2024-Ohio-2703 |
State ex rel. Peterson v. Miday
| 2023-1152 | Prohibition—Res judicata was not an appropriate basis to dismiss petition on motion to dismiss—Trial-court judge did not patently and unambiguously lack jurisdiction over petitioner’s criminal case, and petitioner has or had adequate remedies in ordinary course of law to pursue his claims—Court of appeals did not abuse its discretion in declaring petitioner to be vexatious litigator under its local rules—Court of appeals’ judgment affirmed. | Per Curiam | Slip Opinion No. 2024-Ohio-2693 |
7/18/2024
|
7/18/2024
| 2024-Ohio-2693 |
State ex rel. Curtis v. Turner
| 2023-0829 | Mandamus—Rules of Superintendence for the Courts of Ohio—Writ sought to compel clerk of courts of Cleveland Municipal Court to produce records related to prosecution of records requester’s criminal case—Court of appeals’ denial of writ affirmed. | Per Curiam | Slip Opinion No. 2024-Ohio-2682 |
7/17/2024
|
7/17/2024
| 2024-Ohio-2682 |
State v. Macklin
| 2023-0539 | Court of appeals’ judgment reversed on the authority of State v. Williams and State v. Taylor and cause remanded. | | Slip Opinion No. 2024-Ohio-2687 |
7/17/2024
|
7/17/2024
| 2024-Ohio-2687 |
07/17/2024 Case Announcements
| | Merit decisions with opinions—Motion and procedural rulings—Disciplinary cases. | | |
7/17/2024
|
7/17/2024
| 2024-Ohio-2695 |
State ex rel. Black v. E. Cleveland
| 2023-0244 | Mandamus—R.C. 2744.06—Writ sought to compel city to satisfy monetary judgment against it—Writ granted. | Per Curiam | Slip Opinion No. 2024-Ohio-2688 |
7/17/2024
|
7/17/2024
| 2024-Ohio-2688 |
State ex rel. Ames v. Three Rivers Local School Dist. Records Comm.
| 2023-0699 | Mandamus—School district records commission provided evidence showing that it has produced all documents in its possession that are responsive to relator’s public-records request, and relator has not provided evidence showing otherwise—Writ denied as moot and requests for statutory damages, attorney fees, and costs denied. | Per Curiam | Slip Opinion No. 2024-Ohio-2686 |
7/17/2024
|
7/17/2024
| 2024-Ohio-2686 |
07/16/2024 Case Announcements
| | Merit decisions with opinions—Mediation matters. | | |
7/16/2024
|
7/16/2024
| 2024-Ohio-2689 |
Ohio Patrolmen's Benevolent Assn. v. Cleveland
| 2022-0724 | Civil law—Arbitration Act—R.C. 2711.01 et seq.—To initiate proceedings to vacate an arbitration award under R.C. 2711.13, a party must file a motion, not a complaint, in court of common pleas and serve motion on either the party adverse to the award or that party’s counsel—Judgment reversed in part and affirmed in part. | Donnelly, J. | Slip Opinion No. 2024-Ohio-2651 |
7/16/2024
|
7/16/2024
| 2024-Ohio-2651 |
State v. Maldonado
| 2023-0480 | Appellate procedure—App.R. 26(A)(2) requires that a panel decision precede en banc consideration—Court of appeals erred in conducting en banc review before panel decision was released—Appellant failed to show he was prejudiced by court of appeals’ error—Court of appeals’ judgment affirmed. | Deters, J. | Slip Opinion No. 2024-Ohio-2652 |
7/16/2024
|
7/16/2024
| 2024-Ohio-2652 |
State ex rel. Ware v. Pierce
| 2023-0101 | Mandamus—Public-records requests—Requester failed to meet his burden to show a clear legal right to the requested relief and a clear legal duty of the respondent to provide the relief sought—Writ denied. | Per Curiam | Slip Opinion No. 2024-Ohio-2663 |
7/16/2024
|
7/16/2024
| 2024-Ohio-2663 |
In re Resignation of O'Brien
| 2024-0758 | Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R. VI(11)(C). | | |
7/15/2024
|
7/15/2024
| 2024-Ohio-2656 |
07/15/2024 Case Announcements #2
| | Disciplinary cases. | | |
7/15/2024
|
7/15/2024
| 2024-Ohio-2662 |
07/15/2024 Case Announcements
| | Miscellaneous dismissals. | | |
7/15/2024
|
7/15/2024
| 2024-Ohio-2661 |
07/12/2024 Case Announcements #2
| | Merit decisions without opinions. | | |
7/12/2024
|
7/12/2024
| 2024-Ohio-2630 |
07/12/2024 Case Announcements
| | Miscellaneous dismissals. | | |
7/12/2024
|
7/12/2024
| 2024-Ohio-2629 |
07/11/2024 Case Announcements
| | Motion and procedural rulings. | | |
7/11/2024
|
7/11/2024
| 2024-Ohio-2621 |
07/10/2024 Case Announcements
| | Motion and procedural rulings—Miscellaneous dismissals—Mediation matters. | | |
7/10/2024
|
7/10/2024
| 2024-Ohio-2619 |
07/09/2024 Case Announcements
| | Merit decisions without opinions—Motion and procedural rulings—Appeals accepted for review—Appeals not accepted for review—Reconsideration of prior decisions. | | |
7/9/2024
|
7/9/2024
| 2024-Ohio-2576 |
07/08/2024 Case Announcements
| | Official versions released. | | |
7/8/2024
|
7/8/2024
| 2024-Ohio-2591 |
07/03/2024 Case Announcements
| | Motion and procedural rulings—Miscellaneous dismissals. | | |
7/3/2024
|
7/3/2024
| 2024-Ohio-2539 |
|