Wednesday, July 5, 2017

Wednesday, June 7, 2017

On orders, final orders, and judgments

Perhaps no issue more consistently perplexes litigants (and sometimes, it must be said, judges) than whether a particular order is merely an order, a "final order," or a "judgment." The distinction matters a great deal, and in this case it (for now, at least) cost the plaintiff a shot at almost 8 million bucks.

Tuesday, June 6, 2017

Potential conflict in arbitration case

The Ninth District has just released a decision in Kelsey v. Carrington Homes, Inc., in which it held that a trial court must conduct an evidentiary hearing before compelling the parties to arbitrate a dispute.

This holding appears to conflict with that of at least one other appellate district, and may be a candidate for review by the Supreme Court as a certified conflict.

Monday, June 5, 2017

Tuesday, May 30, 2017

Justice DeWine's concurrence in Aalim II

Yesterday I noted Justice DeWine's concurrence in Aalim II, and promised to write a bit more. And so--as I see Justice DeWine jog down the street past my office window--here is that post.

The majority opinion in Aalim II is a rejection of a due-process challenge to Ohio's statutory scheme providing for mandatory bindover of juveniles to common pleas court if certain factors are met.  Justice DeWine agrees with the conclusion that the scheme is in fact constitutional, but writes separately to emphasize his belief that the Court has conflated procedural and substantive due process standards.

Stick with me--this is more interesting than you might think.