Employment Law Court Rulings

Motion to compel arbitration contract contractual capacity ratification R.C. 2711.02. The trial court did not err in granting appellees' motion to stay proceedings and compel arbitration. The record reflects that a valid and enforceable arbitration agreement existed because it had been ratified by…

Judgment affirmed. The trial court did not err when it determined that defendants-appellants were not the prevailing parties because both parties were in breach of contract. Competent and credible evidence supported the trial court's determination of damages in favor of plaintiffs-cross appellants.…

Summary judgment opportunity to arbitrate grievance collective bargaining agreement agreement to arbitrate statutory age discrimination claim statute of limitations R.C. 4112.02 180 days grievance procedure tolling R.C. 4112.14 alternative pleading Civ.R. 56(F) motion. Trial court properly granted…

In appeal from a decision finding employer liable for contributions under Ohio unemployment compensation law, court of common pleas did not apply incorrect standard of review or abuse its discretion in finding that the decision of the commission was supported by reliable, probative, and substantial…

Workers' compensation—To establish impossibility as an affirmative defense to an application for an additional award for a violation of a specific safety requirement, an employer must show (1) that it would have been impossible to comply with the specific safety requirement or that compliance would…

Upon remand from the federal district court, trial court did not err in granting summary judgment to defendants on plaintiff's claims of common law sexual harassment, intentional infliction of emotional distress, and negligent hiring and/or retention. Judgment affirmed.

Appellant's request for service of the complaint, by operation of law, was a dismissal and refiling of the complaint and was a failure otherwise than on the merits. The trial court, therefore, erred in failing to apply the savings statute. Based on this error, the trial court also erred in…

A medical product sales representative brought suit against her former employer, a hospital, claiming retaliation in violation of the Tennessee Human Rights Act. After a bench trial, the trial court judge entered a verdict in favor of the hospital, having concluded that the employee failed to carry…

Residential lease holdover tenant security deposit month-to-month tenancy lease agreement R.C. 5321.16(B) R.C. 5321.17(B). The lower court's judgment ordering landlord to return month-to-month holdover tenant's security deposit was in error where tenant failed to provide landlord 30 days notice of…

LEGAL MALPRACTICE - PROCEDURE/RULES - CIV.R. 56 - SUMMARY JUDGMENT: For purposes of determining the proper statute of limitations, a cause of action is determined not from the language or form of the complaint, but from the gist-the essential ground or object-of the complaint where plaintiffs'…

Summary judgment, negligence, workers' compensation immunity, R.C. 4123.74, R.C. 4123.35, loss of consortium. The trial court properly granted summary judgment to the employer because it complied with the relevant workers' compensation statutes and, therefore, was immune to the plaintiff's…

Magistrate decision abuse of discretion credibility trier of fact. Judgment affirmed. Trial court's decision adopting magistrate's decisions was not an abuse of discretion. When testimony is in dispute, we defer to the trier of fact's credibility determination. Here the factfinder found in favor of…

Negligent promotion negligence summary judgment Civ.R. 56 employment relationship proximate cause supervisor authority knowledge borrowed or loaned servant control imputed knowledge reasonable care. The trial court erred in granting summary judgment in favor of an employer that had knowledge of…

Unemployment compensation/Whether quit with just cause

Motion to vacate motion for relief from judgment Civ.R. 60(B) default judgment service of process void judgment personal jurisdiction due process Civ.R. 4.1 evidentiary hearing abuse of discretion. Appellant's motion to vacate the default judgment entered against her based on lack of service…

board of Education, termination of contract, abuse of discretion, referee's report and recommendation, R.C. 3319

This appeal concerns whether a tax on certain property containing oil and gas deposits constitutes an unlawful additional severance tax. The Coal Creek Company ("Coal Creek") appealed the tax assessments of various county property assessors ("Assessors"). After administrative proceedings and…