News & Analysis as of

OH Supreme Court

Oliva Gibbs LLP

Pleading for Help — Ohio’s Time for Twombly (and Iqbal): Ohio Supreme Court to Consider Ohio Pleading Standards in Wilson Energy,...

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Two companion cases from the Fourth District Court of Appeals — Wilson Energy and Bethel Oil & Gas — are currently on appeal at the Ohio Supreme Court. Both cases involve similar facts and require the resolution of the same...more

Rivkin Radler LLP

January 2025 Insurance Update

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We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more

Dechert LLP

Dechert Re:Torts - January 2025

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PFAS in the Spotlight: EPA and FDA Zero in on Seafood and Water The 2024 PFAS Strategic Roadmap highlights EPA’s desire to implement further regulation and oversight to study and reduce exposure to PFAS. Seafood and...more

Epstein Becker & Green

Supreme Court of Ohio Decides on a Peer-Review Privilege Issue in Stull v. Summa

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On December 10, 2024, the Supreme Court of Ohio issued its decision in Stull v. Summa, a medical negligence case in which the defendants argued that Ohio’s statutory peer-review privilege protected from discovery the file the...more

Frantz Ward LLP

Ohio Supreme Court Hits the Gas on “Direct Causation” Analysis in Temporary Total Disability in AutoZone

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If an employee is unable to work or suffers a wage loss as the direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the...more

Roetzel & Andress

Supreme Court Issues Extremely Favorable Decision for Employers on Defense of TTD Compensation Requests

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On November 26, 2024, the Ohio Supreme Court issued an extremely favorable decision for employers on the potential defenses to the payment of TTD compensation. This case is important because it is the first time the Ohio...more

Vorys, Sater, Seymour and Pease LLP

Ohio Supreme Court Issues Ruling in Closely Watched Workers’ Compensation Case

The Ohio Supreme Court issued its opinion yesterday (November 26, 2024) in the AutoZone case (State ex rel. AutoZone Stores, Inc. v. Indus. Comm., Slip Opinion No. 2024-Ohio-5519). The decision is favorable to employers who...more

Bricker Graydon LLP

Supreme Court of Ohio Announces Adoption of Increased Judicial Campaign Limits

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Last week, the Supreme Court of Ohio announced the adoption of increased judicial campaign contribution limits beginning with the 2025 election cycle...more

Holland & Knight LLP

Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings

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In the next episode of the "Legal Bites Podcast" series, Food and Beverage Litigation attorney Charles Weiss and Practice Development Manager Kristina Merritt sit down with Ohio State Senator William DeMora for an important...more

Frantz Ward LLP

Who Decides? The Juror Rule Showdown in Ohio Courts

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The right to a trial by jury in Ohio is one of the most fundamental rights in our judicial system. In civil cases, the Ohio Constitution requires concurrence of no less than three-fourths of the jury. Ohio Const., art. I...more

Kohrman Jackson & Krantz LLP

Ohio Supreme Court's Decision on Same-Juror Rule: What It Means for Negligence Lawsuits

On September 5, 2024, the Supreme Court of Ohio issued a ruling addressing the application of the same-juror rule in negligence cases in Hild v. Samaritan Health Partners, deciding whether the defendant-hospital was negligent...more

Bricker Graydon LLP

Nexus Pipeline Settlement Update

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The Nexus Pipeline (Nexus), which transports natural gas from eastern Ohio to Canada, was placed in-service in 2018. Nexus appealed its initial tax valuation in November 2019 and ultimately reached a settlement regarding tax...more

McGlinchey Stafford

Litigation Byte (August Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

McGlinchey Stafford

Ohio Supreme Court Holds that Defamation Claim is Subject to Discovery Rule

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In a hotly contested decision, a plurality of the Ohio Supreme Court held for the first time that a claim for defamation is subject to the discovery rule, greatly expanding the potential for businesses and individuals to find...more

Kohrman Jackson & Krantz LLP

Victims of Concealed Online Attacks in Ohio Now Have More Time to File Suit

Last week, the Ohio Supreme Court ruled that victims of anonymous online attacks have an extension of time to file a lawsuit, holding that they can file a suit one year from date the targeted publication is discovered. This...more

Kohrman Jackson & Krantz LLP

A Rise in 'Nuclear' Jury Verdicts: Up 300% Despite Tort Reform

Judges and juries are doing what they can to punish bad actors across industries, in spite of legislative efforts to limit the same. OHIO’S EFFORTS TO LIMIT NUCLEAR VERDICTS In 2005, the Ohio General Assembly enacted...more

Oliva Gibbs LLP

Third Time’s a Charm: Ohio Supreme Court Remands Case for Failing to Follow Instructions

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In August 2016, AWMS Water Solutions, L.L.C., AWMS Holdings L.L.C., and AWMS Rt. 169, L.L.C. (collectively, “Appellants”) filed their original writ of mandamus to commence property-appropriation proceedings since, in their...more

Fisher Phillips

Employers Win Big Under Ohio Supreme Court’s Workers’ Comp Ruling: Here’s What You Need to Know About Recouping Overpayments

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Employers faced many obstacles over the last few years, but the Ohio Supreme Court just gave them a welcomed boost in a ruling that should significantly reduce workers’ compensation claim costs. In a highly contentious 4-3...more

Bricker Graydon LLP

The Turning Tides of Temporary Total Disability Compensation

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This month, the Ohio Supreme Court altered the landscape of more than 25 years of workers’ compensation legal precedent in an employer-friendly decision concerning termination of Temporary Total Disability compensation....more

Bricker Graydon LLP

Supreme Court of Ohio Rules Extraterritorial Municipal Income Taxation Constitutional During Covid-19 Emergency

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On February 14, 2024, the Supreme Court of Ohio issued a 5-2 decision holding it was constitutional for a municipality to continue levying income taxes on employees performing work beyond municipal boundaries during the...more

Frantz Ward LLP

Can Employers Request the Retroactive Termination of TTD? The Supreme Court of Ohio Says Yes They Can!

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On March 5, 2024, in State ex rel. Dillon v. Indus. Comm., Slip Opinion No. 2024-Ohio-744, the Supreme Court of Ohio overruled its prior authority in State ex rel. Russell v. Indus Comm., 82 Ohio St.3d 516 (1998), which has...more

Roetzel & Andress

Supreme Court Issues Decision Finding TTD Compensation Can Be Terminated Based on MMI Prior to the Date of Industrial Commission...

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On March 5, 2024, the Ohio Supreme Court announced its decision in State ex rel. Dillon v Industrial Commission (Slip Opinion No. 2024-Ohio-744). In so doing, the Court overruled 25-year precedent from its prior authority in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ohio Supreme Court Rules That Municipalities Could Temporarily Collect Income Tax From Remote Workers During Pandemic

On February 14, 2024, in Schaad v. Alder, the Supreme Court of Ohio upheld the constitutionality of a temporary Ohio law allowing municipalities where a principal place of business was located to collect income tax from...more

Pillsbury - SeeSalt Blog

Got Remote Workers? Supreme Court of Ohio Upholds Pandemic Rule for Municipality Tax

The Supreme Court of Ohio has held the Ohio legislature did not violate the Due Process Clause of the U.S. Constitution by directing an Ohio citizen to pay taxes to the municipality where the employee’s principal place of...more

BakerHostetler

Ohio Supreme Court Issues Important Municipal Income Tax Decision on Remote Work

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The Ohio Supreme Court issued its long-awaited decision in Schaad v. Alder, Slip Opinion No. 2024-Ohio-525, decided on February 14, 2024. ...more

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