News & Analysis as of

OH Supreme Court

Marshall Dennehey

Ohio Supreme Court Applies Tort Conflict of Law Rules to an Insurance Bad Faith Claim.

Marshall Dennehey on

Scott Fetzer Co. v. Am. Home Assur. Co., Inc., 2023-Ohio-3921 - In this 5-2 decision from the Ohio Supreme Court, the majority held that the tort conflict of law rules found in Section 145 of 1 Restatement of the Law 2d,...more

Bricker Graydon LLP

Ohio Utility-Scale Solar: A Recap of 2023 and Looking Ahead to 2024

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While 2023 was another active year for utility-scale solar development and activity in Ohio, there was a marked decrease in applications filed with the Ohio Power Siting Board (OPSB), as well as a decrease in project...more

Steptoe & Johnson PLLC

Ohio Supreme Court Resolves Split in Ohio Appellate Courts: Four-Year Statute of Repose for Medical Claims Applies to...

Steptoe & Johnson PLLC on

If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a...more

Bricker Graydon LLP

The Statute of Repose ‘Means What It Says’ and Applies to Personal Injury and Wrongful Death Claims Alike, Decides Supreme Court...

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On December 28, 2023 the Supreme Court of Ohio finally put to rest the issue of whether the statute of repose for medical claims applies to wrongful death claims, answering the long-discussed question in the affirmative....more

Frantz Ward LLP

Ohio Ninth District Tees Up a Third Opportunity for the Ohio Supreme Court to Decide Whether an Oral Hearing is Mandatory on...

Frantz Ward LLP on

Recently, in Snyder v. Old World Classics, LLC, 2023-Ohio-4019, Ohio’s Ninth District Court held that any motion to compel arbitration under Ohio Revised Code 2711.03 requires an oral hearing. This is contrary to opposing...more

Bricker Graydon LLP

Ohio 2023 General Election Preliminary Results

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The 2023 Ohio General Election reached an unusually high turnout for an odd-numbered election year, thanks to two statewide ballot issues. Issue 1 garnered national attention, as Ohio became the latest state to enshrine...more

Shumaker, Loop & Kendrick, LLP

Tort Choice-of-Law Principles Apply to Bad Faith Claims

In a recent decision, the Ohio Supreme Court held that Section 145 of the Restatement of the Law 2d, Conflict of Laws must be applied when determining the state law applicable to an insured’s bad faith claim. Noting that bad...more

McGlinchey Stafford

Is a Former Employee Protected by the ADA? - McGlinchey Commercial Law Bulletin - October 20, 2023

McGlinchey Stafford on

Hanneman Family Funeral Home & Crematorium v. Orians, Slip. Op. 2023-Ohio-3687. In this discretionary appeal, the Ohio Supreme Court clarified what constitutes a trade secret under Ohio’s Uniform Trade Secrets Act and...more

Buckingham, Doolittle & Burroughs, LLC

Ohio Commercial Activity Tax: BTA cleans up CAT sourcing dispute by ruling sales shipped through an Ohio distribution center were...

VVF Interest LLC (“VVF”), represented by Buckingham attorneys Rich Fry, Steve Dimengo and Nate Fulmer, notched a significant victory at the Ohio Board of Tax Appeals for the situsing of its sales for Ohio commercial activity...more

Frantz Ward LLP

Ohio Supreme Court Holds that Contractual Indemnity Provisions Trump Common Law Indemnity Principles

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In a decision with major implications for contractual indemnity provisions, the Supreme Court of Ohio recently ruled that an indemnity provision in a contract essentially abrogates any common law indemnity principles that...more

McGlinchey Stafford

Am I Entitled to Indemnification? - McGlinchey Commercial Law Bulletin - September 29, 2023

McGlinchey Stafford on

Ohio- Conversion- Bradford v. A Star Properties, LLC, 9th Dist. Summit No. 2023-Ohio-3451- In this appeal, the Ninth Appellate District affirmed the trial court’s decision to grant defendants judgment on a claim for...more

Rivkin Radler LLP

Insurance Update - August 2023

Rivkin Radler LLP on

Mental state, in some form, is the common theme running through our first three cases this month. The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary...more

Dickinson Wright

Ohio Supreme Court Unanimously Affirms Siting Board Certificate for New Wind Farm

Dickinson Wright on

Emerson Creek project in Huron and Erie Counties Now Expected to Move to Construction - On July 27, 2023, the Supreme Court of Ohio, in a 7-0 decision, affirmed the Ohio Power Siting Board (“Board”)’s decision to issue a...more

Bricker Graydon LLP

When the Rubber Doesn’t Meet the Road: Ohio Supreme Court Sends Eminent Domain Dispute over Park Bike Path Back to Trial Court

Bricker Graydon LLP on

The construction of a bike path ran into a bump in the road when the Mill Creek Metropolitan Park District (Park District) attempted to take land through eminent domain. The Park District is a public entity that is attempting...more

Marshall Dennehey

Political Subdivisions Need Only Be Reasonable, Not Herculean, in Their Attempts to Locate Records to Be Produced in Response to...

Marshall Dennehey on

A relator filed a mandamus action to compel the City of Sheffield to produce documents in response to a public records request. Despite utilizing an outside IT vendor, the City was unable to locate any images of the documents...more

McGlinchey Stafford

Can I Recover Fees Under an Offer of Judgment Even if I Lose on Appeal? - McGlinchey Commercial Law Bulletin - June 22 2023

McGlinchey Stafford on

Marchbanks v. Ice House Ventures, LLC, Slip. Op. No. 2023-Ohio-1866. In this discretionary appeal, the Ohio Supreme Court reversed the appellate court’s ruling, finding that an enforceable settlement agreement existed,...more

Roetzel & Andress

To Cap It All Off: Ohio Supreme Court Holds Non-Economic Damages Cap Unconstitutional in Limited Ruling

Roetzel & Andress on

The Supreme Court of Ohio recently held Ohio’s statutory cap on non-economic damages violated the Ohio Constitution in an as-applied ruling involving a plaintiff with long-term psychological injuries. Brandt v. Pompa, Slip...more

Marshall Dennehey

Ohio Medical Malpractice Claim Not Viable Where Claim Against Employee/Alleged Tortfeasor Failed for Lack of Service

Marshall Dennehey on

On November 23, 2022, the Ohio Supreme Court ruled that a malpractice claim against a medical practice group under the doctrine of respondiat superior was not viable where the claim against the employee/alleged tortfeasor...more

Bricker Graydon LLP

Take that, federal Sixth Circuit! Ohio Supremes reject “takings” claims against county tax foreclosures

Bricker Graydon LLP on

The see-sawing of emotions among advocates for county land banking activities in Ohio continued this week, with hopes again rising upon a favorable decision by the Supreme Court of Ohio. On April 4, 2023, the Court...more

Husch Blackwell LLP

Ohio Supreme Court Decision Potentially Alters the Application of Damages Caps in Ohio

Husch Blackwell LLP on

On December 16, 2022, the Ohio Supreme Court issued a ruling in Brandt v. Pompa that may call into question the applicability of Ohio’s non-economic damages cap in future tort actions. Under tort reform enacted in Ohio in...more

Rivkin Radler LLP

Insurance Update - January 24, 2023

Rivkin Radler LLP on

It was a busy end to the year, as courts handed down several key insurance decisions before ringing in 2023. The Ohio Supreme Court considered the contours of “direct physical loss or damage” in two separate decisions –...more

Hahn Loeser & Parks LLP

Ohio Supreme Court Rejects Mandatory Deference to Agencies

Agency interpretations of statutes no longer receive judicial deference in Ohio. That is the landmark holding of the Ohio Supreme Court’s recent decision in TWISM Enterprises, L.L.C. v. State Bd. of Registration for...more

Dickinson Wright

Ohio Supreme Court Reigns in "Administrative State"

Dickinson Wright on

Landmark TWISM Ruling Curbs State Agency Power to Interpret the Law - On December 29, 2022, in a 4-3 opinion authored by Justice Pat DeWine, the Ohio Supreme Court held in TWISM Ents., L.L.C. v. State Bd. of Registration...more

Zelle  LLP

How Ohio Software Ruling Implicates Crypto Insurance Claims

Zelle LLP on

In the last week of December 2022, the Ohio Supreme Court published a much-anticipated decision in the EMOI Services LLC v. Owners Insurance Co. case. The decision was bold, and the court made no attempt to limit its holding...more

Steptoe & Johnson PLLC

Ohio Supreme Court Finds Portion of 2005 Ohio Tort Reform Legislation Unconstitutional as Applied to Permanent and Severe...

Steptoe & Johnson PLLC on

Almost 20 years ago, in 2005, the Ohio General Assembly passed tort reform legislation. Unlike previous attempts at tort reform in Ohio, this one survived constitutional challenge. Among other things, the legislation capped...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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