Brief filed: R&R Family Investments v. The Plastic Moldings Corp.

Today we filed a notice of appeal and a jurisdictional brief in the Ohio Supreme Court on behalf of the appellant in R&R Family Investments v. The Plastic Moldings Corp., et al. You can read the brief here.

At issue in the case is whether a property owner owes a duty to people outside the land with regard to naturally occurring conditions of which the owner has actual knowledge. More particularly, our brief asks the Court to accept the appeal in order to adopt Section 54 of the Restatement Third of Torts: Liability for Physical and Emotional Harm.

Supreme Court case announcements, 1/25/2017

The Court has issued its first major orders list of 2017, accepting three new cases and declining about 60 others.

Conditional dismissals, appellate jurisdiction, compulsory counterclaims, and you

Civil procedure and appellate jurisdiction wonks may be interested in the Eight District's decision in Myocare Nursing Home, Inc. v. Hohmann. The question is whether the civil rules allow for conditional dismissals, and if so whether a conditional dismissal confers appellate jurisdiction over the order disposing of the remaining claims.

What happens to money paid pursuant to a conviction that was vacated on appeal?

The State of Ohio contends that the answer depends on precisely what the purpose of the payment was.