Employment Law Court Rulings

Schools—Mandamus to compel school board to grant salary credits for law school courses—Grievance and arbitration procedure of collective bargaining agreement constitutes adequate remedy at law, when.

APPEAL from a judgment of the Superior Court of Mendocino County. Robert L. Winslow, Judge. Modified and affirmed. Motion to dismiss appeal denied. Action to recover wages allegedly due to plaintiffs under the Fair Labor Standards Act of 1938. Judgment for plaintiffs modified and affirmed.

APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order transferring action to the Municipal Court of San Francisco. Preston Devine, Judge. Affirmed. Action for damages for wrongful discharge of railroad employee, and for declaration of rights under a…

R.C. 143.43—Public-records requests—Township-constituent addresses—Mail-distribution lists for township newsletter document functions, procedures, and activities of the township—Court of appeals' judgment reversed and cause remanded.

Workers' compensation—Civ.R. 53(D)(3)(b)(iv)—Employer's petition for writ of mandamus reversing the Industrial Commission's award of additional compensation to an injured worker as a result of the employer's violation of a specific safety requirement was correctly denied by the appellate court when…

The trial court did not err in granting summary judgment against appellant, who had sued his employer for wrongful termination in violation of public policy. Appellant, an at-will employee, failed to satisfy the "jeopardy" element that must be met to maintain such actions. While appellant claimed…

The trial court erred by finding in appellees' favor on their claims for defamation and false light. A law firm's complaint and an affidavit filed in support of a temporary restraining order were absolutely privileged, and appellees' counterclaims did not state a cause of action, because the…

Stay arbitration R.C. 2711.02(B) arbitration agreement contract de novo waiver class action informed consent notice change in terms insufficient meeting of the minds. Affirmed the trial court's denial of motion for stay pending arbitration pursuant to R.C. 2711.02(B). Because the credit union…

no defamation due to opinion privilege also upholding trial court's decision finding no fraud or intentional interference with business relations contract damages for wrongful dissociation adequate (and not speculative as argued in cross-appeal) insufficient evidence to support damage award for…

Federal preemption—Vehicle-emissions anti-tampering claims—The federal Clean Air Act neither expressly nor impliedly preempts R.C. 3704.16(C)(3) or precludes an anti-tampering claim against a vehicle manufacturer under Ohio's Air Pollution Control Act for the manufacturer's post-sale tampering with…

Motion for reconsideration granted and decision in Key Realty, Ltd. v. Hall, 6th Dist. Lucas No. L-19-1237, 2021-Ohio-26 vacated where majority decision made obvious errors of fact and law. Consideration was exchanged for noncompete agreement where at-will independent contractor continued to…

Arbitration, waiver, abuse of discretion, enforceability, R.C. 2711.02. Appellants appealed the trial court's finding that they waived a contractual right to arbitrate Appellee's counterclaim. The trial court's decision was affirmed. There was no abuse of discretion where the trial court considered…

The plaintiff attorney appealed to this court from the judgment of the trial court dismissing, for lack of subject matter jurisdiction, his appeal from the decision of the defendant Statewide Grievance Committee, which had denied his request to vacate a prior decision by a reviewing commit- tee of…

Where the Industrial Commission had evidence to support its view that the employee was not fired for assaulting his employer, the court will not overturn that credibility assessment. The Commission did not abuse its discretion in awarding temporary total disability after finding that the employer…