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.

Burnham v. Cleveland Clinic - Supreme Court limits prior holding restricting appellate jurisdiction

Yesterday the Supreme Court issued its decision in Burnham v. Cleveland Clinic, holding 6-1 that an order compelling the production of attorney-client privileged material is immediately appealable. This is good news. That such an order is appealable might seem obvious at first blush, but it was very much in doubt after the Court's holding last year in Smith v. Chen.

Opinions in brief

Quick summaries of five decisions released by the Supreme Court on December 7 and 8.

Brief filed: Stewart v. Vivian

Today we filed a merits brief in the Ohio Supreme Court on behalf of the appellant in Stewart v. Vivian.  You can read the brief here. The supplement is here.

Supreme Court elections official

First District judges Pat Fischer and Pat DeWine have officially won the elections for the seats being vacated by Justices Paul Pfeiffer and Judith Ann Lanzinger, respectively. Fischer narrowly defeated Cuyahoga County Common Pleas Judge John O'Donnell--O'Donnell only conceded the race this past week--and will be sworn in on January 1. DeWine, who earned a sizeable victory over Judge Cynthia Rice of the Eleventh District, will be sworn in on January 2.

Supreme Court grants ANOTHER writ of prohibition against Judge Robert Ruehlman

For the second time in five months, the Supreme Court has granted a writ of prohibition against Hamilton County Common Pleas Court Judge Robert P. Ruehlman.

Supreme Court case announcements, 11/9/16

The Court announced that it has accepted one new jurisdictional appeal, has accepted one new certified conflict, and has granted one motion for reconsideration and accepted a jurisdictional appeal that was previously denied.

Supreme Court case announcements, 10/26/16

The Court has accepted two new cases for review.

No stay in criminal contempt case

In today's case announcements, the Court denied a motion to stay imposition of a five-day sentence for indirect criminal contempt. The contemnor, Crysta Pleatman, had raised due process and First Amendment defenses to the contempt charge, both of which were rejected by both the trial court and the First District.

Supreme Court case announcements, 10/5/16

Today the Court issued miscellaneous orders and accepted four new cases for review.

Norwood pot decriminalization initiative won't be on the ballot

The Court has denied a writ of mandamus which sought to compel the Hamilton County Board of Elections to place on the November ballot an initiative that would effectively decriminalize the use of marijuana--sorry, "marihuana"--in the City of Norwood, an enclave of Cincinnati.

Medical marijuana rule adopted

Today the Court announced an amendment to Rule of Professional Conduct 1.2, which clarifies the propriety of advising clients with respect to Ohio's medical marijuana law, which went into effect earlier this month. Kudos to the Court for moving quickly to amend the rule after the Board of Professional Conduct last month issued an advisory opinion indicating that such counseling was impermissible.

Writ of mandamus issued in referendum case

Today the Ohio Supreme Court issued a writ of mandamus compelling the Union County Board of Elections to remove a zoning referendum from the November ballot.

Ohio Supreme Court case announcements, 9/14/16

In addition to releasing four merits opinions and issuing various procedural orders, today the Court accepted discretionary appeals in three new cases, accepted the discretionary appeal and held for a pending decision in one new case, and accepted one new certified conflict case.

Can a prosecutor be compelled to prosecute by a writ of mandamus?

Today I'm shocked to learn that the answer to this question, according to the Ohio Supreme Court, is "maybe."

Death sentence affirmed; confrontation clause

The Ohio Supreme Court has rejected the appeal of Calvin McKelton, who was sentenced to death in 2010 in connection with the murders of Margaret Allen and Mick Evans.

No statutory damages in public records case without proof of delivery by hand or certified mail

In a per curiam opinion with two justices partially dissenting, the Court today denied a writ of mandamus and statutory damages in an original-jurisdiction case in which the relator sought production of public records from the Avon Lake police department.

Ohio Supreme Court conducts final oral arguments of 2016 term

Today the Court heard oral arguments in four cases. It also marked the last day of oral arguments for Justice Judith Ann Lanzinger and Justice Paul E. Pfeiffer, who are prohibited from running for re-election. (The Ohio Constitution precludes the election or appointment of any judge who would be 70 years old or older on the date he or she is sworn in.)

Justice Lanzinger has served on the Court since 2005, after being elected in November 2004 and re-elected by a wide margin in 2010. Justice Langzinger has periodically blogged at Justice Judy since 2010.

Justice Pfeiffer, if I'm not mistaken, enjoys the distinction of having served longer on the Court than all but four earlier associate justices, having first been elected in 1992.

Randy Ludlow of the Columbus Dispatch has this look-back on their service on the Court.

Ohio Supreme Court case announcements, 8/29/16

Today the court announced the release of official versions of fifteen opinions, and one procedural ruling.

The procedural ruling is in State v. Ford, a death penalty appeal out of Summit County. The defendant had filed an unopposed motion to partially unseal the record. At issue are several dozen documents ordered sealed by the trial court, many of which (according to Ford's counsel) relate to competency issues. Ford's attorneys--who are based in Youngstown, Ohio, and Glorietta, New Mexico--did not seek full public access to the records. Rather, they sought permission for counsel of record or the Ohio Public Defender to access and make copies of the record. The Court denied the motion, but ordered that counsel of record or the Ohio Public Defender may view the sealed documents at the Clerk's office.

Ohio Supreme Court case announcements, 8/26/16

The Court today announced procedural orders in four cases, including three disciplinary matters.

In one of the disciplinary matters, Columbus Bar Association v. Eric Lee Lafayette, the Court sua sponte took the somewhat unusual step of rejecting the agreed recommended sanction of a one-year suspension from the practice of law to be stayed on conditions, and remanded the matter to the Board of Professional Conduct for further proceedings, "including consideration of a more severe sanction." Lafayette has been accused of mishandling an immigration matter that resulted in the voluntary departure of his client, of forging a client's signature on bankruptcy documents, and failing to advise a client that he did not have malpractice insurance.