OH-COURTS

Receiver's breach of fiduciary claims against directors rejected settlement

Receiver's breach of fiduciary claims against directors rejected settlement

Ohio Court of Appeals opinion: State v. Bullock

Ohio Court of Appeals opinion: State v. Bullock

Patituce v. Hein - Ohio Court of Appeals Opinion

The Ohio Court of Appeals issued an opinion in Patituce v. Hein, granting a writ of prohibition against Judge Jonathan Hein. The court found that the respondent judge lacked jurisdiction to proceed with a criminal case while a direct appeal was pending, and that the trial court's actions were not in aid of the appeal.

State v. Elston - Criminal Appeal

The Ohio Court of Appeals affirmed a criminal conviction for Darryl Elston Jr. The court ruled that the appellant forfeited his right to testify by refusing to decide whether to testify and that his trial counsel was effective. The convictions were found to be supported by sufficient evidence.

U.S. Bank v. Ballard - Court Lacks Jurisdiction on Standing Issue

The Ohio Court of Appeals affirmed a lower court's decision in U.S. Bank v. Ballard, ruling that the court lacks jurisdiction to consider the issue of standing because it was previously determined to be moot. The court also affirmed that charges sought by U.S. Bank were not Fair Debt Collections Practice Act violations.

McManus v. Foster - Tax Foreclosure Appeal

The Ohio Court of Appeals affirmed a default judgment in a tax foreclosure case, ruling that the appellant could not raise new issues on appeal that were not presented to the trial court. The court found the trial court provided adequate opportunity to respond to the complaint.

Dove v. Cincinnati Metro. Hous. Auth. - Political Subdivision Immunity Ruling

The Ohio Court of Appeals affirmed a lower court's decision denying the Cincinnati Metropolitan Housing Authority's motion for summary judgment. The ruling concerns political subdivision immunity in a negligence claim related to the failure to install a requested grab-bar in a tenant's shower, which was deemed a physical defect.

Ohio Supreme Court Opinion on Attorney-Client Privilege

The Ohio Supreme Court reversed a lower court's decision compelling an insurance company to produce claims files, finding that such orders must comply with specific statutes regarding attorney-client privilege and work-product doctrine. The case, Eddy v. Farmers Property Cas. Ins. Co., remanded to the trial court for further proceedings consistent with the ruling.

Peace v. Galloway - Ohio Supreme Court Habeas Corpus Ruling

The Ohio Supreme Court affirmed a lower court's decision to dismiss a habeas corpus petition filed by an inmate. The court found that the inmate had an adequate remedy through direct appeal to challenge the assignment of the judge who accepted his guilty pleas and sentenced him.

Ohio Supreme Court Dismisses Public Records Request Case

The Ohio Supreme Court modified a lower court's judgment in State ex rel. Mason v. Basinger, denying a writ of mandamus and statutory damages. The court found that the relator failed to demonstrate a clear legal duty for the named respondent, a mail-room employee, to provide the requested public records.