Employment Law Court Rulings

R.C. 2323.51 frivolous conduct breach of contract manifestation of mutual assent consideration promissory estoppel reasonable reliance Prof.Cond.R. 1.5(e)

The commission did not abuse its discretion by applying the "special circumstances" exception from R.C. 4123.61 to exclude 46 weeks from the average weekly wage calculation. Objection overruled writ of mandamus denied.

Wrongful discharge in violation of public policy Civ.R. 12(B)(6) motion to dismiss choice of law place of injury tort action tortious interference with employment relationship prohibiting deceptive trade practices. The trial court did not err by dismissing plaintiff's California-law-based claims…

CIVIL - summary judgment loss of consortium bodily injury does not include nonphysical harm R.C. Chapter 2744 political subdivision tort liability board of education employment relationship employees of political subdivision malice defamation qualified privilege educators parents duty to ensure…

Trial court erred in granting summary judgment in favor of appellee employer in wrongful discharge in violation of public policy claim where clarity and jeopardy elements were met. The jeopardy element was met because the clear public policy articulated in R.C. Chapter 4115 protects not only the…

The decision of the Ohio Department of Job and Family Services that appellant was not entitled to unemployment compensation, because she quit her job without just cause, was not against the manifest weight of the evidence. The evidence supported the finding that appellant unjustifiably quit her job…

2021 COA 125. No. 20CA0950. Johnson Nathan Strohe, P.C. v. MEP Engineering, Inc. Limitation of Liability Clause—Contracts—Ambiguity. Johnson Nathan Strohe, P.C. (architect) designed a building and contracted with MEP Engineering, Inc. (engineer) to provide mechanical, plumbing, and electrical…

2021 COA 125. No. 20CA0950. Johnson Nathan Strohe, P.C. v. MEP Engineering, Inc. Limitation of Liability Clause—Contracts—Ambiguity. Johnson Nathan Strohe, P.C. (architect) designed a building and contracted with MEP Engineering, Inc. (engineer) to provide mechanical, plumbing, and electrical…

Final orders R.C. 2505.02(B)(1) Civ.R. 54(B). The trial court's order granting the defendant's motion for partial summary judgment is not a final, appealable order under R.C. 2505.02(B)(1). In its order, the trial court found that the defendant could not be liable for its physicians' conduct, but…

Trial court did not err in granting appellee/employer's motion for judgment on the pleadings as to appellant/employee's promissory estoppel claim where appellant's amended complaint failed to allege appellee made specific promises of future job security upon which appellant reasonably relied in…

Workers' compensation—Application of Bureau of Workers' Compensation formulary guidelines under Ohio Adm.Code 4123-6-21.3 and application of Ohio Adm.Code 4123-6-21.7 to a self-insuring employer's termination of payment for narcotic and muscle-relaxant prescriptions for allowed conditions pursuant…

The trial court did not abuse its discretion when it upheld as supported by reliable, probative and substantial evidence the determination of the Motor Vehicle Dealers Board that BMW did not establish good cause for vetoing a proposed franchise transfer. Judgment affirmed.

CONVERSION – DAMAGES – MARKET VALUE - EXPERT TESTIMONY : The trial court did not err in its determination that the testimony of plaintiff's expert witness was sufficient to establish, beyond mere speculation, the value of damages for conversion of plaintiff's ring and brooch. The trial court erred…

CONVERSION – DAMAGES – MARKET VALUE - EXPERT TESTIMONY : The trial court did not err in its determination that the testimony of plaintiff's expert witness was sufficient to establish, beyond mere speculation, the value of damages for conversion of plaintiff's ring and brooch. The trial court erred…

Attorneys—Misconduct—Violation of the Rules of Professional Conduct—Failing to register an employment relationship with a suspended attorney with disciplinary counsel or to obtain acknowledgement of the relationship from disciplinary counsel before it began—Failing to notify a client that the…

The trial court did not err in granting YSU's motion for summary judgment on Hughes' claim of employment discrimination as Hughes failed to demonstrate a prima facie case of discrimination.

Credit union reserved the right to change the terms of its membership agreement, which it did by adding a provision to arbitrate disputes. By maintaining his account after this term was implemented, appellant-credit union member manifested his assent to the arbitration provision. The arbitration…

COMMUNITY SCHOOL – JURSIDICTION – STANDING – FAITHLESS SERVANT DOCTRINE – OHIO CORRUPT PRACTICES ACT – STRICT LIABILITY – VOID PUBLIC CONTRACTS: The trial court did not err in concluding that contracts with a community school's superintendent's family violated R.C. 2921.42's prohibition against…

CIVIL - credit card default summary judgment cross-examine affiant Civ.R. 56(F) no motion for extension no affidavit hearsay business records exception evidence sufficient to support summary judgment.

CIVIL – domestic relations divorce termination of marriage trial court erred and abused its discretion with respect to its orders allocating marital assets and liabilities trial court improperly declared a de facto date of marriage R.C. 3105.171(A) evidence does not support a finding of a clear and…

Negligence small claims manifest weight competent and credible evidence comparative negligence damages abuse of discretion App.R. 16. The trial court's determination that plaintiff was comparatively at fault for damages to his vehicle while driving through a construction zone was supported by…

The plaintiff property owner sought a permanent injunction against the defendants, the Commissioner of Energy and Environmental Protection and the Secretary of the Office of Policy and Management, prohibiting them from taking further action in the redevelopment of a state park and for an order…

The trial court did not abuse its discretion in finding that reliable, probative and substantive evidence supported the Ohio Real Estate Commission's adjudication order that appellant violated R.C. 4735.18(A)(6) and (A)(9) and its decision was in accordance with the law. The evidence supported…