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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
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. 2023-0293Civil 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 2024-0487Attorneys—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 CuriamSlip Opinion No. 2024-Ohio-2789 7/25/2024 7/25/2024 2024-Ohio-2789
State v. Jones 2023-0572Ohio 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 2023-0270Final, 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 2024-0171Attorneys—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 CuriamSlip 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 2022-0879Saving 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 2024-0028Mandamus—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 CuriamSlip 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 2023-1465Mandamus—Appellant had adequate remedy in ordinary course of law through appeal—Court of appeals’ judgment affirmed.Per CuriamSlip Opinion No. 2024-Ohio-2778 7/24/2024 7/24/2024 2024-Ohio-2778
State ex rel. Boyle v. Chambers-Smith 2023-1386Mandamus—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 CuriamSlip Opinion No. 2024-Ohio-2777 7/24/2024 7/24/2024 2024-Ohio-2777
In re R.G.M. 2023-0514Family 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 2023-1201Mandamus—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 CuriamSlip Opinion No. 2024-Ohio-2748 7/23/2024 7/23/2024 2024-Ohio-2748
State ex rel. Ware v. Stone 2023-1343Mandamus—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 CuriamSlip Opinion No. 2024-Ohio-2746 7/23/2024 7/23/2024 2024-Ohio-2746
State ex rel. McCarley v. Dept. of Rehab. & Corr. 2023-1271Mandamus—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 CuriamSlip 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 2023-1094Mandamus—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 CuriamSlip Opinion No. 2024-Ohio-2692 7/18/2024 7/18/2024 2024-Ohio-2692
Look Ahead Am. v. Stark Cty. Bd. of Elections 2023-1059Statutory 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. 2023-1170Mandamus—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 CuriamSlip Opinion No. 2024-Ohio-2694 7/18/2024 7/18/2024 2024-Ohio-2694
Disciplinary Counsel v. Risner 2024-0731Attorneys 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 2023-1152Prohibition—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 CuriamSlip Opinion No. 2024-Ohio-2693 7/18/2024 7/18/2024 2024-Ohio-2693
State ex rel. Curtis v. Turner 2023-0829Mandamus—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 CuriamSlip Opinion No. 2024-Ohio-2682 7/17/2024 7/17/2024 2024-Ohio-2682
State v. Macklin 2023-0539Court 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 2023-0244Mandamus—R.C. 2744.06—Writ sought to compel city to satisfy monetary judgment against it—Writ granted.Per CuriamSlip 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. 2023-0699Mandamus—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 CuriamSlip 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 2022-0724Civil 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 2023-0480Appellate 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 2023-0101Mandamus—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 CuriamSlip Opinion No. 2024-Ohio-2663 7/16/2024 7/16/2024 2024-Ohio-2663
In re Resignation of O'Brien 2024-0758Attorneys 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
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