Employment Law Court Rulings

Trial court did not err in granting summary judgment in favor of appellees on appellant's age discrimination claim.

Appeal of a judgment entry denying a motion to stay pending arbitration and granting a motion for a hearing under R.C. 2711.03 for the purpose of determining whether an arbitration agreement exists and, if so, whether it is enforceable, is dismissed for lack of a final appealable order as the…

Mandamus—Writ sought by public employee ordering retirement board to transfer her from one type of retirement plan to different type of plan—No provision in R.C. Chapter 145 establishes clear legal right for public employee to obtain relief sought or imposes clear legal duty on retirement board to…

In this breach of warranties and breach of contract action brought by appellant for damages caused by an allegedly defective product purchased from appellee, the trial court erred in granting summary judgment to appellee based on the court's determination that appellant had failed to state a claim…

APPELLATE REVIEW/CIVIL – JURISDICTION – SOVEREIGN IMMUNITY – SUMMARY JUDGMENT – R.C. 2744.02: An appellate court is without jurisdiction to review an order that does not qualify as a final appealable order under R.C. 2744.02(C): the trial court's order allowing plaintiffs to amend their complaint…

Appellant mistakenly gave appellee a cashier's check to which appellee was not legally entitled. Nonetheless, appellant was not justified in later exercising a right of setoff or self-help by debiting appellee's bank account, into which the funds had been deposited. However, appellee failed to…

The plaintiff sought to collect, inter alia, unpaid wages on behalf of two employees of the defendant W Co. A state marshal served two copies of the summons and complaint on the defendant B, W Co.'s president, in both his individual capacity and as president of W Co. Following the defendants'…

Despite respondent-appellee's failure to follow the statutory termination procedures prior to terminating relator-appellant's teaching contract, relator-appellant had an adequate remedy in the ordinary course of law by way of an appeal to the court of common pleas under R.C. 3319.16. Therefore, the…

The trial court erred in granting a writ of possession to the landlord because the grounds for termination listed in the notice of termination were different from the grounds for termination that the landlord relied on in the judicial eviction proceedings, in violation of the terms of the parties'…

The defendant, whose marriage to the plaintiff previously had been dis- solved, appealed to this court from the judgment of the trial court, claiming, inter alia, that the trial court erred when it went beyond the scope of this court's remand order in a prior appeal involving the parties when…

The trial court properly granted summary judgment where there were no genuine issues of material fact because appellant failed to demonstrate any evidence that the decedent's employer or co-employees deliberately intended to cause his death as is required by R.C. 2745.01.

CIVIL - vexatious litigator R.C. 2323.52 leave to proceed direct appeal from vexatious litigator determination failure to seek leave dismissed.

APPELLATE REVIEW – DAMAGES – MITIGATION — R.C. 3319.16: The trial court did not abuse its discretion in reversing the board of education's decision to terminate a teacher's employment where the court conducted its own review of the evidence as permitted by R.C. 3319.16 and determined that the…

Arbitration Agreement waiver scope. Trial court properly found that the parties' dispute was not governed by arbitration plaintiff's claims existed independently of the employment relationship and her R.C. Chapter 4112-based claims were not subject to arbitration due to lack of sufficient evidence…

The common pleas court correctly determined that the state board of education failed to fulfill its statutory obligation to identify its reason or reasons for disapproving the hearing officer's recommendation of the requested territory transfer. The state board's generalized reference to diffuse…

Attorneys at law—Misconduct—Violation of the Rules of Professional Conduct—Solicitation of professional employment by in-person contact when a primary motive is pecuniary gain—Public reprimand.

Summary judgment immunity negligence storm sewer system duty maintain R.C. 2744.01(G)(2)(d) R.C. 2744.02(B)(2) R.C. 2744.03(A)(5) discretionary creek retention basin pipe right of way sediment drainage ditch easement purchase agreement hold harmless indemnify city third-party beneficiary R.C.…

Trial court did not err in granting appellees' motion to dismiss appellant's complaint based on court's determination that PUCO had exclusive jurisdiction over the claims.

Arbitration agreement race discrimination retaliation motion to stay litigation pending arbitration non-class action claims procedurally unconscionable substantively unconscionable. - Trial court abused its discretion in granting employer's motion to stay litigation pending arbitration where the…

The plaintiff K sought to recover damages from the defendants for medical malpractice in connection with the alleged failure of the defendant D, a podiatrist, to rule out the possibility of impaired blood flow to K's feet and to refer K to a vascular specialist, resulting, inter alia, in the…

Common pleas court did not abuse its discretion in finding reliable, probative, and substantial evidence supported the determination of the director Ohio Department of Medicaid in the administrative appeal decision that a good-faith dispute existed between the parties for purposes of applying the…

CIVIL - frivolous conduct R.C. 2323.51(A)(2)(a)(iii) and (iv) factual determinations competent, credible evidence no evidentiary support not warranted by the evidence Fed.R.Civ.P. 11(b)(3) denial of motion for directed verdict incredible demonstrably false.

Trial court erred when it reversed the commission's order denying appellee's application for renewal of her expiring casino gaming employee license upon erroneously concluding appellee was not an "applicant" for purposes of R.C. Chapter 3722. Judgment reversed and cause remanded for the trial court…

summary judgment – R.C. 4112.02(I) – retaliation – but-for cause – ineffective assistance of counsel in civil case

summary judgment, at-will employment, promissory estoppel, governmental function, implied contract, specific representation, discharge in violation of public policy, civil service, loss of consortium

Under State ex rel. McKee v. Union Metal Corp., 150 Ohio St.3d 223, 2017-Ohio-5541, ¶ 9-11, the commission's order denying permanent total disability compensation was supported by some evidence in the record showing that relator voluntarily abandoned the workforce and was therefore not eligible for…

Summary judgment res judicata federal court R.C. 4112.02 statute of limitations retaliation breach of contract R.C. 4117.02 State Employee Relations Board. Trial court properly awarded transit authority and union summary judgment where plaintiff's discrimination claims were previously rejected in…

The trial court did not err in affirming the decision of the Unemployment Compensation Review Commission on the basis that Appellant quit employment without just cause. The record supports the Review Commission's determination that Appellant's decision to resign was voluntary.

The trial court did not abuse its discretion by entering default judgment against appellant and dismissing his counterclaims and third-party complaint as a sanction for discovery violations. Emails involving appellant, his former employer, and that employer's customers were highly relevant to…

In this appeal arising out of Anderson County Council's approval of a severance agreement, the Court vacates the decision of the Court of Appeals finds the Severance Agreement invalid due to the County's lack of a quorum and remands to the circuit court to determine the exact amount that Preston…