Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings
Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more
Depending on the state, the critical attorney-client privilege protection might be articulated in one or more of several sources, including laws, court rules and common law. In Eddy v. Farmers Property Casualty Insurance Co.,...more
The Supreme Court of Ohio recently ruled in NC Ents., L.L.C. v. Norfolk & W. Ry. Co., Slip Opinion No. 2026-Ohio-1429 (the “NC-Norfolk Case”) that Appellee’s lawn maintenance on Appellant’s parcels was not sufficiently open...more
Defamation lawsuits are on the rise in the United States, and have been for several years. Because defamation litigation is so increasingly relied upon as a means to address reputational injury, it is appropriate to examine...more
If Ohio classifies a bad-faith claim-handling claim as a tort arising by operation of law, is that claim arbitrable? As of November 2025, the Supreme Court of Ohio says yes, it is—at least so long as the controlling...more
Can the Timeframe to Establish Adverse Possession Begin by Mowing Your Neighbor’s Lawn? That is the question that was presented to the Supreme Court of Ohio in NC Enterprises, LLC, v Norfolk and Western Railway Company,...more
Recently, the Supreme Court of Ohio decided a case addressing two issues that have important implications for litigants. The first issue involves statutory standing under Ohio law....more
On February 19, the Ohio Supreme Court affirmed in part and reversed in part a lower court ruling in a dispute brought under Ohio’s mortgage-release statute (R.C. 5301.36), holding that the trial court erred in certifying the...more
Recent Ohio Supreme Court decisions addressing the situsing of receipts under the Commercial Activity Tax (CAT) underscore both the limits of the “continuous delivery theory” and the evidentiary hurdles taxpayers face when...more
While sourcing sales of tangible personal property is seemingly easier than sourcing sales of services, it is not without its difficulties. One of those issues is establishing where the product was ultimately delivered....more
Last week, the Supreme Court of Ohio was asked if Ohio’s cap on noneconomic damages in medical malpractice actions was constitutional. On one side, John Paganini argued it was not as applied to him and asked the Court to...more
U.S. Acute Care Solutions, L.L.C. v. Doctors Company Risk Retention Group Insurance Company, --- N.E.3d ---, 2025-Ohio-5010 (Ohio 2025) - In this medical malpractice lawsuit filed against an emergency services provider, the...more
On January 14, 2026, the Ohio Supreme Court upheld the Board of Tax Appeals’ (BTA) denial of a Jones Apparel Group/Nine West Holdings refund claim for Commercial Activity Taxes (CAT) paid on goods that were sold to a customer...more
Earlier this month, a unanimous Ohio Supreme Court affirmed the judgment of the Ninth District Court of Appeals holding that the Public Utilities Commission of Ohio (PUCO) has exclusive jurisdiction over certain claims...more
Over the course of a few weeks, the Ohio Supreme Court has released a pair of decisions that offer guidance on how to determine the situs of gross receipts for purposes of calculating the Commercial Activity Tax (CAT) as well...more
In a January 14, 2026 opinion, the Ohio Supreme Court denied an apparel company’s $855,000 refund claim for Ohio’s commercial activity tax (CAT) for tax years 2010 through 2016. ...more
Few principles more clearly define who controls a lawsuit than the party presentation principle: courts decide cases on arguments presented by the parties, not arguments the court wishes the parties would have brought....more
Ohio Supreme Court Clarifies Sellers’ Disclosure Obligations: No Duty to Disclose Publicly Recorded Easements - Ashmus v. Coughlin, 2025-Ohio-2412 - The Ohio Supreme Court has ruled that sellers are not required to disclose...more
In State ex rel. Berry v. Industrial Commission, the Ohio Supreme Court recently ruled that courts are not required to defer to the Ohio Industrial Commission's interpretations of the state's specific safety requirements....more
In U.S. Acute Care Solutions LLC v. Doctors Company Risk Retention Group Insurance Co., the Supreme Court of Ohio ruled that an emergency care service provider must arbitrate its claim for bad faith against its insurer,...more
On August 20, 2025, the Ohio Supreme Court clarified the obligations of lenders and guarantors in arm’s-length financial transactions and declined to adopt the obligations set out by Section 124(1) of the Restatement (First)...more
In State ex rel. Berry v. Industrial Commission, the Ohio Supreme Court ruled that courts are not required to defer to the Industrial Commission’s interpretations of Ohio’s specific safety requirements. Courts must instead...more
Mon Cheri Davenport v. Progressive Direct Ins., 2025-Ohio-2449 (8th Dist.) - The plaintiffs filed a class action lawsuit in the Cuyahoga County Common Pleas Court, alleging that an insurer’s use of projected sold adjustments...more
In Hunt v. Alderman, the Supreme Court of Ohio held that service of a complaint by certified mail to a defendant’s former address fails both the requirements of Ohio Civil Rule 4.1(A)(1)(a) and the due process requirement...more
In a unanimous decision on September 2, 2025, the Ohio Supreme Court delivered a major win to nursing home operators by ordering the Ohio Department of Medicaid (ODM) to recalculate the quality incentive payments for nursing...more