Employment Law Court Rulings

The trial court erred in granting appellees' motion to dismiss based on its finding that federal law preempts Ohio law relating to tampering with in-use motor vehicle emission control systems. Congressional intent to preempt the State law is not clear and manifest. Judgment reversed cause remanded.

Court of Claims' determination that the University breached its agreement with appellee was not against the manifest weight of the evidence where the Court of Claims made an express determination that appellee's witnesses were more credible and persuasive than the University's witnesses and the…

In this negligence action, the plaintiff, Joshua Mello, appeals from a Superior Court grant of summary judgment in favor of the defendant, Sean Killeavy, based on the exclusivity provision of the Workers' Compensation Act, G.L. 1956 § 28-29-20. On appeal, the plaintiff argued that, despite the…

Prohibition—Megan's Law provisions remain in effect for those who committed their offenses before enactment of the Adam Walsh Act—Judgment dismissing writ action affirmed.

Court lacked subject-matter jurisdiction of age discrimination claim against school board where employee elected to file OCRC charge tortious violation of rights not recognized claim under Ohio law employee failed to submit proper evidence to support disability discrimination claim employee failed…

Administrative Procedures Act Rule Making Exemption N.C.G.S. Sec. 135-5(a3) Teachers' and State Employees' Retirement System State Agency Adoption of Rules and Regulations

The plaintiff, Christopher G. Rein, appealed from a Superior Court order granting a motion to dismiss his action, which was brought by the defendants, ESS Group, Inc., Charles J. Natale, Jr., and the Charles J. Natale, Jr. 2003 Trust u/d/t January 23, 2003, as amended. Rein argued that the Superior…

summary judgment - sex discrimination - gender discrimination - sexual harassment - privacy interest - R.C. 4112.02(A) - retaliatory discrimination - circumstantial evidence - R.C. 4112.02(I) - aiding and abetting to commit discrimination - R.C. 4112.02(J)

Court of Claims erred in granting appellee's motion for summary judgment by finding a reasonable innocent construction applied as a matter of law to alleged defamatory statements. Appellee met its initial burden under Civ.R. 56 on the issue of whether certain employees of appellee were entitled to…

termination of attorney-client relationship prior contingency agreement does not bar attorney's recovery of reasonable value of services rendered prior to discharge, whether termination with or without just cause clients alleged a "stipulation" of full recovery was added to the contract summary…

Arbitration stay contracts substantive and procedural unconscionability. Trial court did not err in staying matter pending arbitration where arbitration agreement met requirements of enforceable contract and was not procedurally or substantively unconscionable.

Sovereign immunity, immunity, political subdivision tort liability, employee, public school, public school teacher, teacher, R.C. 2744.03(A)(6), motion for judgment on the pleadings, motion to dismiss, Civ.R. 12(C), Civ.R. 12(B)(6).

Arbitration-Any limitation on an arbitrator's authority to modify a disciplinary action pursuant to a collective bargaining agreement ("CBA") provision requiring that discipline be imposed only for just cause must be specifically bargained for by the parties and incorporated into the CBA-CBA placed…

Appellant failed to plead fraud with particularity, and accordingly the trial court was correct in dismissing his complaint because his fraud claim failed, his derivative claim of civil conspiracy failed as well.