Employment Law Court Rulings

Motion for reconsideration granted original majority decision contained obvious errors. Trial court did not abuse its discretion by staying discovery to decide issues of law trial court did not abuse its discretion by enforcing default and termination provisions in a commercial lease trial court…

Trial court did not err by granting summary judgment on breach of contract claim because proposed contract addendum did not constitute repudiation of contract or notice of termination, and breaching party was not entitled to unilaterally terminate contract. Trial court did not err by awarding…

R.C. 5301.36 satisfaction of mortgage class action certification class definition arbitration agreement. Appellant class representative claims the arbitration agreements contained in the mortgage agreements are not valid and do not warrant exclusions of potential class members from the class unless…

Motion to compel arbitration motion to stay proceedings pending arbitration R.C. 2711.02(B) R.C. 2711.03(A) arbitrability tort and statutory claims waiver. Trial court did not err in granting appellees' motion to compel arbitration and to stay proceedings pending arbitration. Based on the language…

Attorneys at law—Misconduct—Criminal convictions for failure to file a complete and accurate campaign statement—Misuse of county resources and staff by allowing staff to work on judicial campaign during work hours and at public expense—Inappropriate sexual conduct—Violations of the Rules of…

The common pleas court improperly vacated a school board's decision to terminate a teacher's contract because it applied the wrong standard for "good and just cause" in an R.C. 3319.16 termination proceeding, failed to give deference to the referee's credibility determinations, and impermissibly…

The Court granted certiorari to review the Court of Appeals' decision In re Care & Treatment of Campbell, Op. No. 2016-UP-198 (S.C. Ct. App. filed May 11, 2016), wherein the Court of Appeals upheld a jury's determination that Kenneth Campbell met the statutory definition of a sexually violent…

Babion owned a car. With Babion's permission, Forster was driving the car with Ryser as a passenger. A one-car accident occurred and Ryser suffered serious injuries. When the accident occurred, Babion, Forster, and Ryser were Walmart employees acting in the course and scope of their employment.…

CONSUMER SALES PRACTICES ACT – SUMMARY JUDGMENT: The trial court erred by granting summary judgment for a moving company on a consumer's Consumer Sales Practices Act claim, because a genuine issue of material fact existed regarding whether the mover violated the deceptive acts or practices…

The plaintiff filed a civil action against Rhode Island College and several professors and administrators, alleging that their conduct toward him when he was a student in the School of Social Work pursuing a Master of Social Work degree had violated his First and Fourteenth Amendment rights. A…

motion to dismiss – personal jurisdiction – Civ.R. 12(B)(2) – long-arm statute – R.C. 2307.382(A)(1) and (A)(6) – transacting business – Civ.R. 4.3(A)(1) and (A)(9) – due process – purposeful availment – arising from – reasonableness – out-of-state attorney and law firm representing out-of-state…

The trial court did not err in concluding that an arbitration award had a rational connection to the parties' collective bargaining agreement and was not arbitrary, capricious, or unlawful. Judgment affirmed. (Tucker, J., concurring.) (Hall, J., dissenting.)

compromise verdict damages employment contract learned profession exception

Defendant doctor appeals a medical malpractice decision. We found that the doctor failed to disclose the risks with medical treatment, the plaintiff expert was qualified to testify of the causal connection between the medical treatment and harm, the trial court properly gave informed consent jury…

Trial court erred in granting summary judgment to employer where, at the very least, evidence was in conflict.

These consolidated cases came before the Supreme Court on an appeal and a petition for the issuance of a writ of certiorari for review of a November 5, 2015 bench decision in Providence County Superior Court in favor of the plaintiff, John R. Grasso. The defendants, Governor Gina Raimondo, Frank…

Single joint employer doctrine retaliatory discharge sexual harassment/hostile work environment jury interrogatories plain error closing arguments

Trial court did not err in granting summary judgment in favor of appellee on a claim for an action on an accounting. The trial court abused its discretion by utilizing a certain accrual date in awarding prejudgment interest without making specific factual determination as to when the debt should…

Where a plaintiff in a complaint in the Court of Claims for breach of contract alleges breaches more than two years before its filing but fails to allege any breaches within two years of its filing or that breaches are ongoing, there is a facial showing that the two-year statute of limitations for…

Summary judgment is not appropriate. The defendants were put on notice of various negligence claims through the complaint. Viewing the evidence most strongly in favor of the injured plaintiff, we find the weekly delivery represented a danger that Giant Eagle was aware of and did nothing to mitigate…