Employment Law Court Rulings

The plaintiff D sought to recover damages from the defendant L Co., her insurer, for underinsured motorist benefits, and from the defendant M, for M's alleged negligence in connection with a motor vehicle accident involving D. D's husband, C, joined the action as a party plaintiff more than two…

Mandamus clear and convincing evidence summary judgment Civ.R. 56 de novo review R.C. 149.43 public record attorney-client privilege waiver disclosure. Appellee did not waive attorney-client privilege by disclosing the investigative report to its employees. The records sought by appellant in his…

CONSTITUTIONAL LAW - First Amendment to the United States Constitution Ohio Constitution, Article I, Section 11 free speech State Employment Relations Board Public Employees Collective Bargaining Act R.C. 4117.11(B)(7) unfair labor practice labor relations dispute employee organization induce or…

The common pleas court did not abuse its discretion in finding reliable, probative, and substantial evidence supporting the decision of the Unemployment Compensation Review Commission finding that Humanus Corporation is a liable employer under Ohio unemployment compensation law.

The plaintiff, a minor child diagnosed with Down syndrome and without functional speech who was enrolled in the Hebron public school system, brought an action seeking damages from the defendants, the town of Hebron, the Board of Education, and eight of the board's employees, for, inter alia,…

CIVIL - summary judgment declaratory judgment collective bargaining agreement grievance arbitrability Ohio Arbitration Act R.C. 2711.01(A) Ohio Public Employees Collective Bargaining Act R.C. 4117.10(A) scope presumption explicit language other forceful evidence from the bargaining history.

The trial court granted summary judgment in this personal injury action to each of three appellees. The trial court correctly granted summary judgment to one appellee-truck driver and his employer, because as to this truck driver, the appellant's injury was not foreseeable thus, this driver did not…

Price d/b/a Peak Billing (Price) contracted with Mountain Sleep Diagnostics, Inc. (MSD) to provide billing services for MSD and its patients. The contract automatically renewed every year unless one party notified the other of its intent to terminate at least 90 days before the renewal date.…

Objections sustained writ of mandamus granted. In the context of awarding temporary total disability compensation, the commission cannot consider the employee's good-faith reasons for rejecting an employer's offer of suitable alternative employment when the commission has already determined that…

Pursuant to the Ohio Administrative Code, proposed settlement of a Violation of a Specific Safety Regulation claim is to be considered by an industrial commission staff hearing officer who is to determine whether the settlement is appropriate after a hearing, the staff hearing officer may issue an…

DISCRIMINATION — EMPLOYER/EMPLOYEE —RETALITION: The trial court properly granted summary judgment in favor of defendant-employer on plaintiff-employee's claim for race discrimination where the employee failed to demonstrate a prima facie case of race discrimination: the employee did not demonstrate…

Where in a second appeal, the trial court's prior determination of the distribution of marital property was affirmed in the first appeal, including its finding that the defendant engaged in financial misconduct, the trial court does not abuse its discretion in making distributive awards on remand…

Post-judgment modification of residential responsibility is governed by statute which provides the standard for a court to apply. When a prior judgement establishes joint or equal residential responsibility, modification first requires a determination to award primary residential responsibility. A…

The plaintiffs, J, A and their minor child, sought to recover damages from the defendant for trespass, nuisance and invasion of privacy, and the defendant filed a counterclaim against J and A alleging claims of trespass, private nuisance, invasion of privacy, defamation and defamation per se in…

Trial court judgments in favor of appellees are affirmed. motion to dismiss, third-party complaint, statute of limitations, motion for sanctions, attorney work-product, default judgment

Commercial appraisals tax valuation tax appeals Board of Tax Appeals reversible error abuse of discretion. The Board of Tax Appeals did not commit reversible error or abuse its discretion. The Board, on remand from the Ohio Supreme Court, considered each of the valuation approaches and issued its…

The plaintiff property owner sought to recover damages from the defendants, two churches, for alleged oil contamination of his property. Inspections by the Department of Energy and Environmental Protection revealed the presence of fuel oil in the soil and in the groundwater of the plaintiff's…

The plaintiffs, a medical group, together with former physician shareholders of the medical group, sought to vacate an arbitration award in favor of the defendant, who filed an application to confirm the award, which was issued in connection with the plaintiffs' alleged breach of a shareholder…

Mandamus—R.C. 5153.17 imposes no duty on county children-services agency to allow relators to inspect or copy agency's records of their childhood history, and agency director's good-cause determination did not create such duty—Relators failed to establish clear legal right to inspect or copy the…

To establish a wrongful termination in violation of public policy claim, the plaintiff must establish the (1) clarity (2) jeopardy (3) causation (4) and overriding justification elements of the requisite legal test. A plaintiff may establish a gender discrimination claim by demonstrating he or she…

The plaintiff sought to recover damages from the defendant, an attorney, for alleged statutory theft arising from the defendant's conduct during prior judicial proceedings involving the foreclosure of the plaintiff's property. The defendant, acting as attorney for B Co., brought an action against…

Civ.R. 12(B)(1)/motion to dismiss subject-matter jurisdiction arbitration agreement labor dispute interest arbitration R.C. Chapter 4117/Public Employees Collective Bargaining Act R.C. 306.12/employee rights after acquisition Urban Mass Transportation Act of 1964/section 13(c) Agreement. The labor…

ARBITRATION - motion to stay proceedings and compel arbitration R.C. 2711.22 R.C. 2711.23 patient healthcare provider nursing facility arbitration agreement unenforceable as to injuries received prior to execution "entered into prior to" R.C. 2711.01 scope of the agreement agreement to arbitrate…

The trial court did not err in concluding the Village and the Harrisburg defendants were entitled to immunity as employees of a political subdivision, and the trial court did not err in rendering judgment in favor of appellees. Additionally, the trial court did not abuse its discretion in denying…

The self-represented, incarcerated plaintiff brought this action against the defendant, a former state correctional institution administrative captain, claiming violations of his federal constitutional rights. The plaintiff alleged that the defendant retaliated against him for providing legal…