Employment Law Court Rulings

Applying the court's jurisdictional balance-shifting framework, the court holds that the defendant's removal notice, which pleaded more than five million dollars in controversy, satisfied the statutory jurisdictional threshold where plaintiff offered no rebutting evidence. The plaintiff's…

This opinion addresses Civil Practice & Remedies Code Chapter 33's definition of "responsible third party" and the meaning of "the harm for which recovery of damages is sought," as used therein. This Opinion addresses the enforcement of a mandatory Buy-Sell Option clause and its specific…

Ruling after court-ordered Rule 166(g) briefing. Ruling that Plaintiffs take nothing by their claims for declaratory relief and, with respect to one defendant, that Plaintiffs take nothing by their claims for accounting and inspection of books and records, breach of contract or an alleged…

Civ.R. 56, motion for summary judgment, de novo review, R.C. 2744.02, political-subdivision immunity, physical defect, safety device, negligence, reckless, open and obvious. Political subdivision and its employee appealed trial court's determinations as to their statutory immunity where a gym's…

CONTEMPT — CIVIL CONTEMPT — LAW OF THE CASE — ABUSE OF DISCRETION: The trial court abused its discretion by denying plaintiff's motion to hold defendant in contempt based on its interpretation of the trial court's original order, where that interpretation was inconsistent with the law of the case,…

Ruling that recent resolutions with some defendants do not affect the Court's jurisdiction over remaining claims and declining to rule at this stage whether the remaining defendant owes fiduciary duties to certain plaintiffs. Denying the defendants' motion to dismiss under Rule 91a. The Court first…

This opinion addresses the ability of the Court to adjudicate legal malpractice and fractured malpractice-based claims arising out of an alleged attorney-client relationship involving an attorney, two business associates, and multiple business entities. The Court declines to consider whether an…

R.C. Ch. 2744; R.C. 2744.02; R.C. 2744.03(A)(6); political-subdivision immunity; political-subdivision employee immunity; willful, wanton or reckless conduct; summary judgment. Judgment affirmed, and case remanded. The trial court properly denied summary judgment under Civ.R. 56(C) because genuine…

STATE EMPLOYEE RELATIONS BOARD — EXCLUSIVE JURISDICTION — COLLECTIVE BARGAINING AGREEMENT — UNFAIR LABOR PRACTICE: The trial court did not err by dismissing plaintiff's complaint, which essentially alleged an unfair labor practice, because the State Employment Relations Board ("SERB") had exclusive…

CIV.R. 56(C) — SUMMARY JUDGMENT — NEGLIGENCE — TRIP AND FALL — INDEPENDENT CONTRACTOR: The trial court did not err in granting summary judgment in favor of defendant plumbing contractor in a trip-and-fall case because plaintiff failed to show that defendant created or knew about the allegedly…

Granting Plaintiffs' motion for summary judgment against defendants' counterclaims for declaratory relief because each requested declaration either duplicates issues already joined by the pleadings or seeks relief beyond this Court's jurisdiction. Granting Defendant/Counter-Plaintiff/Third-Party…

Trial court did not err by denying motion for relief from judgment that sought relief from appellate court decision. When appellant did not appeal that prior decision to the Supreme Court of Ohio, the appellate court's determinations became final. Under the law-of-the-case doctrine, the trial court…

Granting in part and denying in part Defendant's motion for partial summary judgment contending that Plaintiff's tortious interference with contract, defamation, and business disparagement claims are barred by the limitation-of-liability provision in the parties' 2022 agreement. Granting a…

The plaintiff insured appealed from the trial court's judgment for the defen- dant insurance company on her amended complaint alleging a violation of the Connecticut Unfair Trade Practices Act and a breach of the implied covenant of good faith and fair dealing in an insurance dispute concerning…

Motion to stay pending arbitration; contract; meeting of the minds; retail installment sales contract; arbitration agreement; Civ.R. 6; abuse of discretion. Trial court did not err in denying Kia's motion to stay pending arbitration. There was no meeting of the minds as the formation of the…

The trial court erred by granting appellees' motion for summary judgment as there is a reasonable dispute of fact whether the display of a noose in appellant's vehicle was severe enough conduct to create a hostile work environment. The trial court also erred by granting appellees' motion for…

The trial court erred by granting appellees' motion for summary judgment as there is a reasonable dispute of fact whether the display of a noose in appellant's vehicle was severe enough conduct to create a hostile work environment. The trial court also erred by granting appellees' motion for…

In this force-majeure dispute arising out of Winter Storm Uri, parties to a contract for the sale of natural gas dispute whether the seller should have (i) purchased gas on the spot market to cover any production shortfall or (ii) bought back its delivery obligation. The Court holds that the…

Subject-matter jurisdiction; jurisdiction; asbestos; wrongful death; Bureau of Workers' Compensation; BWC; lung cancer; estate; next of kin; R.C. 2307.92; R.C. Ch. 2125; R.C. 4123.59; Industrial Commission; exclusive jurisdiction; administrative appeal; constitutionality; declaratory-judgment…

R.C. 2323.52 — VEXATIOUS LITIGATOR — SCOPE OF APPEAL — FIRST AMENDMENT: The classification of plaintiff as a vexatious litigator was not violative of the First Amendment and the right to seek redress of grievances where the classification does not prevent him from seeking redress for legitimate…

In this force-majeure dispute arising out of a contract for the purchase and sale of natural gas based on the North American Energy Standards Board base-contract form, the parties dispute (a) whether the transaction confirmations are part of their contract and (b) which one controls over the other.…

This opinion addresses when statutes of limitations accrue and the application of the discovery rule and fraudulent concealment principles regarding claims of fraudulent statements contained in a securities purchase agreement. On a renewed motion to remand, the Court holds that it lacks…

¶ 0 State Representative Andy Fugate filed a Petition for Declaratory Judgment and Injunctive Relief and an Application for Temporary Restraining Order requesting the district court bar enforcement of Governor Kevin Stitt's Executive Order requiring full-time state agency employees to return to…

Jury trial; age discrimination; McDonnell Douglas analysis; motion for directed verdict; motion for judgment notwithstanding the verdict (\JNOV\); R.C. 4112.14(A); prima facie case; legitimate nondiscriminatory reason; pretextual; punitive damages; actual malice; motion for new trial; Civ.R. 59(A);…