Employment Law Court Rulings

Summary judgment-political subdivision-negligent maintenance of sewer-record did not establish genuine issues of material fact as to whether political subdivisions negligently maintained sewer no evidence showed that political subdivision had prior actual or constructive notice that sewer was…

1. A party may use allegations in a verified complaint to support or oppose a motion for summary judgment if (1) the allegations are made on personal knowledge, (2) the allegations are based on facts that would be admissible in evidence, and (3) the face of the complaint shows the competence of the…

The trial court did not err in granting summary judgment to appellee on appellant's race discrimination and sex discrimination claims. Judgment affirmed.

Dismissal of Moore plaintiffs' First Claim, Count 2, for battery that occurred within the notice period reversed; dismissal of Demma's First Claim, Count 2, for battery reversed; dismissal of Moore plaintiffs' Second Claim for hostile work environment that occurred within the notice period…

Final order provisional remedy discovery order R.C. 2505.02 adequate remedy Civ.R. 26 attorney work product work-product doctrine tax returns. Appeal from a discovery order that purported to require the disclosure of attorney work product and tax returns was found not to be a final, appealable…

Reversed and remanded as to BOLI's conclusion that Kaiser, Mitchell, and Struhar aided and abetted sexual harassment and were joint and severally liable; otherwise affirmed.

The plaintiff town sought to recover damages from the defendant contractor for breach of contract. The plaintiff owned a vacant brass mill factory that was contaminated with, inter alia, polychlorinated biphenyls (PCBs). The plaintiff, on the advice of consultants, applied to the United States…

Summary judgment Civ.R. 56 fraudulent misrepresentation and concealment R.C. 5302.30 residential property disclosure form caveat emptor material defects building and housing code violations patent defects latent defects attorney fees punitive damages R.C. 2315.21(C). Trial court did not err in…

Court of Claims did not err by granting summary judgment in favor of employer on race and age discrimination claims. Appellant failed to demonstrate that employer's proffered reason for not hiring her was pretext for race or age discrimination. Appellant was not a plainly superior candidate for the…

The dismissal of appellant's complaint was partly based on incorrect factual conclusions related to the application of judicial estoppel the trial court erred in dismissing the complaint. Furthermore, an alleged lack of standing due to appellant's Chapter 13 bankruptcy filing does not provide an…

Motion for judgment on the pleadings Civ.R. 12 question of law de novo cross-claim pro se litigant App.R. 12 App.R. 16 motion to withdraw as counsel plain error right to counsel negligence injury proximate cause negligent hiring breach of contract hostile work environment wrongful termination. The…

SUMMARY JUDGMENT – CIV.R. 56 – NONCOMPETE CLAUSE: The trial court erred in granting defendant employer's motion for summary judgment in a case involving a noncompete provision in plaintiff physician's employment contract where the court required plaintiff to prove his claim by clear and convincing…

Elections—Prohibition and Mandamus—Writs sought to remove a zoning referendum from the November 2, 2021 ballot—Relators failed to show that board of elections abused its discretion or clearly disregarded applicable law in denying their protest to the referendum petition—Writs denied.

Writ of procedendo writ of mandamus delay in ruling Ohio Sup.R. 40 R.C. 2701.02 undue delay. A request for writ of procedendo was granted where respondent unduly delayed in ruling on matters submitted for determination over 120 days prior to the filing of the action and failed to timely attend to…

Motion to stay motion to compel arbitration arbitration agreement motion to dismiss jurisdiction venue forum selection clause res judicata final appealable order R.C. 2711.02 hearing R.C. 2711.03 unconscionability procedural unconscionability substantive unconscionability. The trial court did not…

Immunity of political subdivision employee judgment on the pleadings reverse racial discrimination R.C. 2744.03(A) R.C. 2744.09. Plaintiff's complaint for claims of reverse racial discrimination, harassment, and retaliation contained sufficient allegations for the liability of defendant political…

Trial court erred granting petition to compel arbitration. Judgment reversed. Statutory interpretation, arbitrability, de novo review, findings of fact, abuse of discretion

The trial court did not err in dismissing appellant's malpractice complaint against appellee chiropractor individually for failure of service of process. Even if appellant created a presumption of service, appellee chiropractor rebutted it with uncontroverted evidence that service had been…

Jurisdiction of courts of common pleas—Authority of R.C. 124.34—R.C. 124.34 authorizes classified employees to appeal violations to the State Personnel Board of Review but not to the court of common pleas—Judgment reversed and cause remanded.

Civ.R. 12(C) motion for judgment on the pleadings Civ.R. 12(E) motion for a more definite statement Civ.R. 12(F) motion to strike legal malpractice claim R.C. 2305.11 cognizable event termination of the attorney-client relationship competency and equitable estoppel. The trial court correctly found…

Res judicata—Class-action settlement—Opt-out provision—Federal court's determination of the class bound all nonexcluded class members to settlement agreement—State court erred in conducting an analysis of the class—When a party was not excluded from a class-action suit by a federal court that…

Arbitration agreement race discrimination retaliation motion to stay litigation pending arbitration procedurally unconscionable. - Trial court did not abuse its discretion in granting employer's motion to stay litigation pending arbitration of plaintiff's race discrimination and retaliation claims…

GOVERNMENTAL IMMUNITY – R.C. CHAPTER 2744 – JUDGMENT ON THE PLEADINGS – TWP/COUNTY/STATE: Where a child was returned to her parents' custody where she died, the trial court properly granted the motion for judgment on the pleadings filed by Hamilton County, the Hamilton County Commissioners, and the…

CIVIL - summary judgment Civ.R. 56 political subdivision immunity R.C. Chapter 2744 personal injury governmental and proprietary functions exceptions to immunity negligent performance of proprietary functions R.C. 2744.02(B)(2) specific activity that caused injury maintenance of public grounds…