Employment Law Court Rulings

Preliminary injunction permanent injunction breach of contract, franchise agreement misappropriation of trade secrets unfair competition Civ.R. 65(B).

Appeal dismissed for lack of jurisdiction. Because the trial court's ruling ordering the parties to submit an agreed protective order for its review provided adequate safeguards of appellants' alleged trade secrets, it was not a provisional remedy that qualifies as a final appealable order under…

Summary judgment discrimination limitations contractual limitations shortened employment application enforceable reasonable employment-related claims arguments first time appeal. Affirmed the trial court's decision to grant summary judgment on employment-related claims that were untimely filed and…

Workers' compensation—To maintain the privilege of self-insurance, an employer must pay all compensation as required by Ohio's workers' compensation laws—An employer's obligation to reimburse Bureau of Workers' Compensation for relief-fund benefits is separate and distinct from its obligation to…

A public school treasurer was not entitled to additional damages based on the school board's failure to send him further notices of nonrenewal after he was reemployed by operation of law pursuant to R.C. 3313.22(A). Under the statute, the treasurer was entitled to only a one-year term of…

Pursuant to statute (§ 31-60 [b]), the Commissioner of Labor shall adopt regulations that carry out the purposes of the minimum wage laws, and such regulations shall entitle employers, as part of the minimum fair wage, to a tip credit by including gratuities in an amount equal to a certain…

The plaintiffs sought, by way of summary process, to regain possession of certain premises occupied by the defendant. The plaintiffs served on the defendant a pretermination notice, alleging that the defendant had violated her lease agreement, the house rules of the apartment building where the…

The plaintiff sought to recover damages from the defendant dentist, D, and his business entity M Co., for medical malpractice in connection with a dental procedure performed on the plaintiff by D. The plaintiff alleged in his complaint that D held himself out as a specialist in endodontics and…

The trial court did not err by adopting the State Medical Board's ("board") order to suspend appellant's license to practice medicine for an indefinite period, not less than one year. The board's consideration of appellant's disclosures to third-parties that were not expressly stated in the notice,…

Civ.R. 26 discovery compel privileged provisional remedy final appealable order R.C. 2505.02(B)(4) European Union General Data Protection Regulation. - Trial court's order granting motion to compel of potentially privileged or confidential documents was a provisional remedy under R.C. 2505.02 and…

Trial court did not err in holding appellants' claims for negligence, tortious interference with business relationships, and intentional infliction of emotional distress were disguised defamation claims. Having filed the complaint past the one-year statute of limitations for defamation, appellants…

Court of Claims did not err when it granted summary judgment in favor the Ohio Department of Rehabilitation & Correction ("DRC") as to inmate's defamation claim. Though the oral defamatory statements allegedly made by a DRC employee directly accused appellant of being a troublemaker, know-it-all,…

Construing the evidence most favorably to the non-moving plaintiff and conducting a de novo review, genuine issues of fact as to each of the disputed elements of retaliation claim exist, making it not suitable for resolution on summary judgment according to evidence in record.

Objection of respondent sustained and writ of mandamus denied. Relator has not shown that she has a clear legal right to the relief she requests, nor that respondent is under a clear legal duty to perform the act requested. Therefore, relator is not entitled to a writ of mandamus ordering…

The trial court dismissed appellant's complaint without prejudice because it concluded that the complaint contained a "medical claim" and that appellant had failed to satisfy Civ.R. 10(D)(2), governing the pleading of such claims. The court correctly concluded that the complaint contained a…

The plaintiff sought to recover damages from the defendant property owners for injuries she sustained when she tripped on a public sidewalk that abutted the defendants' property. The plaintiff alleged that an approxi- mately one and one-half inch lip between two segments of the sidewalk constituted…

The plaintiff sought to recover damages from the defendant in connection with the alleged wrongful termination of her employment by the defen- dant, alleging claims for wrongful discharge in violation of an implied contract, negligent infliction of emotional distress, and a violation of the…

CIVIL-EMPLOYEE INTENTIONAL TORT. R.C. 2745.01 - Trial court did not err when it concluded that forklift backup alarm at issue is not an "equipment safety guard" within the meaning of R.C. 2745.01.

R.C. 2953.321/sealed criminal records subject-matter jurisdiction termination of employment 42 U.S.C. 1983 and R.C. 2744.02(a)(1)/ immunity implied contract breach summary judgment. A party cannot raise for the first time on appeal arguments that were not presented in the trial court. Appellant…

Plaintiff dentist entered into non-compete agreement with another dentist appeals jury verdict on claim of tortious interference with contract against defendant dental practice that hired competing dentist. Dental practice cross-appealed. Plaintiff not entitled to prejudgment interest, claim was…

Under State ex rel. Klein v. Precision Excavating & Grading, Co., 155 Ohio St.3d 78, 2018-Ohio-3890 and on the record of the case, the magistrate correctly reasoned that relator failed to demonstrate the Industrial Commission abused its discretion in denying his request for temporary total…

CIVIL MISCELLANEOUS — ATTORNEY FEES: The trial court did not err in awarding attorney fees to plaintiff landlord against defendant tenant's attorney under R.C. 2323.51(A)(2)(a)(i) in an eviction action, where the court's finding that the attorney had engaged in frivolous conduct by protracting the…

The petitioner, who had been convicted of felony murder in connection with the stabbing death of the victim inside the victim's home during what appeared to be a botched burglary, sought a writ of habeas corpus, claiming, inter alia, that the state deprived him of his due process right to a fair…

The commission's determination that the employee is "precluded from engaging in all sustained remunerative employment, and thus permanently and totally disabled, is supported by some evidence in the record. And despite the commission's "concession," there was no requirement for it to address…

FMLA interference, FMLA retaliation, admission of evidence, Evid.R. 408, reviewing court, jury demand, jury waiver