Employment Law Court Rulings

R.C. 3319.16, good and just cause for termination, remedies for wrongful termination

Motion for staying pending arbitration denied; appellee, an orthodontist, entered seven contracts with a dental alliance; some contracts had arbitration clauses and employee restrictive covenants, some did not; the restrictive covenants in the contracts were not the same; appellant filed…

INSURANCE – SUMMARY JUDGMENT – DECLARATORY JUDGMENT – DOCTRINE OF INFERRED INTENT – HARMLESS ERROR – DICTA – APPELLATE REVIEW – STANDING – AGGRIEVED PARTY: The trial court correctly assigned both insurers and the insured a burden to demonstrate they were entitled to summary judgment where both…

Mandamus—Procedendo—Mootness—Judicial notice—Vexatious litigators—A writ of mandamus can be used to compel a court to issue a decision, but a writ of procedendo is the more appropriate remedy because an inferior court's failure to timely dispose of a pending action is the ill a writ of procedendo…

The defendant appealed to this court from the judgment of the trial court for the plaintiff on her claim for negligent infliction of emotional distress. Between 2012 and 2015, the plaintiff periodically operated her business that transported special needs children to and from school from her home.…

On workplace intentional tort claim, summary judgment to employer is appropriate where employee presents no facts to show that employer acted with specific, deliberate intent to injure him. Denial of Civ.R. 60(B)(3) motion for relief from judgment based on alteration of a form not an abuse of…

Civ.R. 56 summary judgment App.R. 16 App.R. 12 at will employment wrongful discharge in violation of public policy clarity element. Appellant fails to separately argue her assignments of error, but in the interest of judicial fairness, we address the assigned errors. The trial court did not err in…

Ohio Patrolmen's Benevolent Association collective bargaining agreement arbitration award overpayments recoupment equitable estoppel. The county overpaid several grievants in 2021 by mistake, and when the county realized its mistake, it unilaterally deducted the grievants' pay over three pay…

First Amendment—Freedom of speech—Picketing in connection with a labor-relations dispute—R.C. 4117.11(B)(7)'s prohibition against inducing or encouraging any individual in connection with a labor-relations dispute to picket the residence or place of private employment of any public official or…

The plaintiff employee sought to recover damages from the defendant employer for personal injuries he sustained while working for the defen- dant. In his complaint, the plaintiff, whose employment duties included painting, alleged, inter alia, that, although he was initially provided a respirator…

SUMMARY JUDGMENT — BREACH OF CONTRACT — CONDITION PRECEDENT — ANTI-WAIVER CLAUSE — INDEMNIFICATION — TORTIOUS INTERFERENCE WITH A CONTRACT: The trial court properly granted summary judgment in favor of plaintiff where it was undisputed that defendants waived a condition precedent to the party's…

Pursuant to statute (§ 46a-58 (a)), ''[i]t shall be a discriminatory practice . . . for any person to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of this state or of the United…

Property law—Contracts—R.C. 2711.01(B)(1)—An action seeking a determination that an oil and gas lease has expired by its own terms is a controversy involving the title to or the possession of real estate and, under R.C. 2711.01(B)(1), is not subject to arbitration—Court of appeals' judgment…

Education—Community schools—Ohio State Board of Education's final determination that a community school must repay money in excess funding may not be appealed under R.C. Chapter 119—Court of appeals' judgment affirmed.

As claimant quit her former position of employment for reasons unrelated to her workplace injury she was ineligible for temporary total disability compensation after the date of her resignation. The relator's limited objection is sustained as magistrate's decision does not contain a clear and…

The defendant H filed a complaint with the plaintiff Commission on Human Rights and Opportunities alleging discrimination in housing because of race against the defendant C, her neighbor in a condominium complex. C was defaulted in the underlying administrative proceeding. At the hearing in…

The substitute plaintiffs, D and A, sought a declaratory judgment to deter- mine the rights and obligations of the parties under a certain insurance policy that had been issued to the plaintiff L Co., a wheelchair accessible van seller and van modifying company, by the defendant C Co. In an…

INSURANCE — DAMAGES: In an insurance-coverage dispute under a crime-protection policy, the trial court's award in favor of the plaintiff-insured was not against the manifest weight of the evidence where plaintiff-insured brought a claim to recover its loss within the contractual period and the…

Section 65-01-02(11)(a)(3), N.D.C.C., requires claimants to prove a compensable heart-related injury by showing with reasonable medical certainty their employment caused the injury and unusual stress was at least 50% of the cause of the injury. Objective medical evidence may not be established…

Industrial commission's determination to deny relator PTD compensation due to relator's capability of sustained remunerative employment is supported by a physician's opinion addressing relator's psychological conditions. Because "some evidence" supports the commission's decision, relief in mandamus…

The termination of a guardianship in one case does not create a factual presumption that a guardianship in a related case should be terminated. Under N.D.C.C. § 27-20.1-16(3)(c), a petitioner must show by clear and convincing evidence that the circumstances that led to the guardianship no longer…

The magistrate did not err in concluding that there was some evidence to support the administrative designee's order that the installers and inspector of relator were employees and not independent contractors. We also find there are both factual and legal distinctions between this court's decision…

Workers' compensation—Violation of specific safety requirement—Industrial commission did not abuse its discretion in granting additional award—Record contained evidence supporting commission's findings that specific safety requirement applied, that employer violated it, and that violation was…