Wednesday, July 26, 2017

Supreme Court case announcements, 7/26/17

Four new accepted cases today. Interestingly, all four cases have noted dissents regarding whether to accept the case or which propositions of law to hear. Three of the four are from the Eighth District. (Update: and certified conflicts, too.)

Wednesday, July 5, 2017

Follow-up: Fisher v. Doe

In December I wrote that Tom Haren and I had filed an amicus brief in the Ohio Supreme Court on behalf of our client Alexandria Goddard. We asked the Court, in Fisher v. Doe, to adopt the Dendrite International standard for cases in which a subpoena seeks to unmask anonymous internet speech.

Today the Court declined to accept the case by a 4-2 margin. Justices French and O'Neill dissented. Justice Fischer, who was on the First District panel that decided the case in October, did not participate.

We are disappointed, obviously. The First Amendment's protection extends as equally to anonymous and pseudonymous speech as it does to speech from identified sources, and this is no less true for online speech than it is for speech in newspapers, pamphlets, or any other media. We will continue to keep our eyes open for candidates to place the Dendrite issue before the Ohio Supreme Court and courts of appeals. If you are aware of any, please don't hesitate to contact me.

Supreme Court case announcement, 7/5/17

Today the Court announced that it has accepted discretionary appeals in two criminal cases.

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