Employment Law Court Rulings

Civ.R. 12(B)(6); Civ.R. 8; dismissal; defamation; wrongful termination. Trial court erred when it dismissed appellant's complaint pursuant to Civ.R. 12(B)(6), where appellant was only required to set forth a short plain statement of claims, that sufficiently apprised the appellee of the nature of…

COLLATERAL ESTOPPEL – MOTION TO DISMISS – CIV.R. 12(B)(7) – JOINDER – CIV.R. 19 – DECLARATORY JUDGMENT – R.C. 2721.12 – NECESSARY PARTIES – CONTRACTS – BREACH OF CONTRACT – SUBSTANTIAL PERFORMANCE – EXCUSE – SECURITY SEWAGE – IMPOSSIBILITY – REGULATORY IMPOSSIBILITY – GOOD FAITH – REMEDIES –…

reversing the denial of summary judgment motion filed by political subdivision and employees, who were immune from liability; no evidence of negligence as required for the immunity exceptions involving the operation of a motor vehicle or the performance of a proprietary function; no duty; no…

The plaintiff appealed from the judgment of the trial court, which had dismissed his defamation action against the defendant, and from the court's decision to award the defendant attorney's fees and costs pursuant to the anti-SLAPP statute (§ 52-196a). The plaintiff claimed, inter alia, that the…

The plaintiff appealed, on the granting of certification, from the judgment of the Appellate Court, which had affirmed the trial court's judgment dissolv- ing his marriage to the defendant, who was a partner at a large law firm. The plaintiff claimed, inter alia, that the Appellate Court had…

EMPLOYMENT – CORPORATIONS – MINORITY SHAREHOLDERS – WRONGFUL DISCHARGE – BREACH OF FIDUCIARY DUTY – CONTRACTS - RELEASES: The trial court did not err in granting a motion for summary judgment filed by defendants majority shareholders on plaintiff minority shareholder's claims for breach of…

constructive discharge, hostile work environment, reverse racial discrimination, negligent hiring/retention/supervision

This Opinion addresses the enforcement of a mandatory Buy-Sell Option clause and its specific performance remedy after the Offeror tendered the requisite buy/sell notice and the Offeree failed to respond to the notice and claimed the Offeror violated the underlying Company Agreement. The Court…

The magistrate properly determined that the Industrial Commission did not abuse its discretion in denying claimant's violation of a specific safety requirement ("VSSR") application. The record contains some evidence to support the commission's determinations that the seed cleaner's disengage switch…

BREACH OF CONTRACT — NEGLIGENT MISREPRESENTATION: The trial court did not err by ruling in favor of defendant owner on plaintiff contractor's claim for breach of contract where the record supports the trial court's determination that plaintiff contractor failed to provide the requisite notice of…

Public Records; Community Schools; R.C. 149.011(A); R.C. 149.011(G); R.C. 149.43(A)(1); R.C. 2743.03(A)(3)(b); Adm. Code 3301-102-02(I); The functional equivalence doctrine; The quasi-agency doctrine; The governing authority of a R.C. Chapter 3314 community school is analogous to the board of…

The trial court properly granted summary judgment to appellee on appellant's negligence claim based on respondeat superior because the negligence claim against appellee's employee had previously been dismissed due to the expiration of the statute of limitations. The trial court properly granted…

SUMMARY JUDGMENT — R.C. 2307.60 — CIVIL RECOVERY FOR CRIME VICTIMS — CHILD ENDANGERMENT — WITNESS INTIMIDATION — OBSTRUCTING JUSTICE — UNJUST ENRICHMENT: The trial court did not err in granting summary judgment to defendant-employer and denying plaintiff-employee's motion for summary judgment on…

Public-records requests—R.C. 149.011(G)—Township-newsletter distribution lists come under the jurisdiction of the township and document the organization, functions, procedures, or other activities of the office and are therefore subject to the disclosure requirement of the Public Records Act—Court…

R.C. 2711.03 arbitration duty to arbitrate contract interpretation. Trial court erred when it failed to grant appellant's petition to arbitrate where the record established that the parties were disputing the interpretation of terms in the collective bargaining agreement and the parties had…

EMPLOYMENT DISCRIMINATION – DISABILITY DISCRIMINATION – REASONABLE ACCOMMODATION – RETALIATORY DISCHARGE – SUMMARY JUDGMENT: The trial court erred when it granted summary judgment to defendant former employer on plaintiff former employee's disability-discrimination claim because the deposition…

The trial court improperly accorded claim-preclusive effect to appellant's R.C. 4112.02 retaliation claim based upon the District Court's judgment of dismissal. The District Court's decision dismissing appellant's Title VII retaliation claim \with prejudice\ for failure to exhaust administrative…

wrongful termination in violation of public policy, Greeley, Civ.R. 12(B)(6), contract employee, at-will employee, Title IX, motion to dismiss

¶0 The plaintiffs/appellants worked for and delivered Amazon packages in the Tulsa, Oklahoma, area for the defendant/appellee, James Kerr. After Kerr fired them, the plaintiffs filed a lawsuit against him. Kerr sought to compel arbitration pursuant to arbitration provisions of the plaintiffs'…

Pursuant to statute (§ 52-552e (a)), ''[a] transfer made or obligation incurred by a debtor is fraudulent as to a creditor, if the creditor's claim arose before the transfer was made or the obligation was incurred and if the debtor made the transfer or incurred the obligation: (1) With actual…

The petitioner, who had been convicted, following a jury trial, of the crimes of murder and criminal possession of a pistol or revolver, filed a fourth petition for a writ of habeas corpus. The habeas court, upon the request of the respondent, the Commissioner of Correction, issued an order to show…

CIVIL - magistrate's decision Civ.R. 53 judgment issued day prior to filing of magistrate's decision appellant's duty to provide a transcript for appellate review arbitration agreement motion to dismiss Civ.R. 12(B)(1) subject matter jurisdiction Civ.R. 12(B)(6) failure to state a claim upon which…

CONTRACTS – DISCOVERY – MOTION TO COMPEL – CIV.R. 56 – ABUSE OF DISCRETION – SUMMARY JUDGMENT – BREACH OF CONTRACT – CONTRACT INTERPRETATION – IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING – IMPLIED-IN-FACT CONTRACT – UNJUST ENRICHMENT – FRAUD: The trial court did not abuse its direction in…

Magistrate's decision adopted as no objections were filed. Respondents' motion for summary judgment denied because public records request was not subject to grievance system and therefore the affidavit requirements of R.C. 2969.26(A) did not apply. Relator's motion for summary judgment granted in…

Pursuant to statute (§ 16-262e (c)), the owner or landlord of a multiunit residential dwelling ''shall be liable for the costs of all [utility services] furnished . . . to the building, except for any service furnished to any dwelling unit of the building on an individually metered or billed basis…

Civ.R. 12(B)(6) failure to state a claim wrongful termination clear public policy pregnancy discrimination temporal nexus

Federal Arbitration Act arbitration agreement motion for protective order motion to stay discovery motion to compel arbitration. - Trial court's denial of appellants' motions to stay discovery and for a protective order while appellants' motion to compel arbitration remained pending was immediately…

The plaintiffs, B, E, and M Co., sought to recover damages from the defendant car dealership for alleged breach of contract, fraud, theft, and violation of the Connecticut Unfair Trade Practices Act (CUTPA) (§ 42-110a et seq.) in connection with the purchase and sale of a plow truck. B, the…

Appellants failed to provide timely notice of termination, causing the lease agreement to automatically renew for the following month. The trial court did not err in adopting the magistrate's decision in favor of appellee and denying appellants' objection. Judgment affirmed.

Pursuant to statute (§ 14-227b (c)), when a person has been arrested for operating a motor vehicle while under the influence of intoxicating liquor or any drug, the arresting officer ''shall prepare a report of the incident and shall mail or otherwise transmit . . . the report and a copy of the…