Wednesday, January 25, 2017

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.

Reid v. Cleveland Police Department asks whether the law of the case doctrine requires that an appellate holding in a criminal appeal must apply to a subsequent civil proceeding brought by the criminal defendant against parties who were not party to the criminal appeal. The Eighth District had held that the answer was yes, and the defendant police department and officers have appealed. The plaintiff is pro se and did not file a response to the memorandum in support of jurisdiction. At first glance, it is not clear to me why this is a law-of-the-case question rather than issue or claim preclusion, and I wonder whether this will be an error-correction decision. (I think it's unlikely that the Court finds law-of-the-case to apply here.)

In re: D.H. is a Second District case asking whether a juvenile court's order that binds a juvenile over to the common pleas court is a final appealable order, or whether a juvenile contesting such a bindover must wait to appeal until after the conclusion of the common pleas proceedings.

Lightning Rod Mutual Insurance Co. v. Southworth is an appeal from the Fourth District that asks whether coverage under a property damage policy is "triggered" only by "new" damage, or also by a continuation or resumption of existing damage that was previously unknown to the insured.

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