Courts & Litigation

Anderson v. Jack Cleveland Casino, LLC - Summary Judgment and Statute of Limitations

The Ohio Court of Appeals affirmed a lower court's decision to grant summary judgment in favor of Jack Cleveland Casino, LLC. The court found that the plaintiff's complaint was filed outside the applicable two-year statute of limitations and that his status as a vexatious litigator required him to obtain leave from the court before filing.

State v. McFarland - Ohio Court of Appeals Case

The Ohio Court of Appeals ruled in State v. McFarland that a victim's right to privacy under Marsy's Law is subordinate to a defendant's right to compulsory process. The court affirmed the denial of the victim's motion to quash subpoenas for electronic device data, modifying the scope of the order.

Francis v. Cleveland Clinic Found. - Ohio Medical Negligence Case

The Ohio Court of Appeals affirmed the dismissal of a medical negligence survivorship claim against Cleveland Clinic Foundation. The court found the claim was filed outside the statute of limitations and that the appellant's counsel failed to provide proper notice. The court also upheld the exclusion of a loss-of-chance theory.

Fugo v. Rae - Breach of Contract Case Affirmed

The Ohio Court of Appeals affirmed a lower court's decision in Fugo v. Rae, a breach of contract case. The court found that the trial court's award of $1,200 was not against the manifest weight of the evidence, and the defendant's appeal was dismissed due to lack of a cross-appeal.

Kittis v. Cleveland Clinic Found. - Medical Malpractice Opinion Affirmed

The Ohio Court of Appeals affirmed a jury verdict in favor of the Cleveland Clinic Foundation in a medical malpractice case. The court found that the trial court did not err in denying motions for a new trial or mistrial, and any potential error in introducing new causation theories was harmless.

Kurtz v. Indus. Comm. - TTD Compensation Termination

The Ohio Court of Appeals ruled that while temporary total disability (TTD) compensation can terminate upon reaching maximum medical improvement (MMI), the Industrial Commission abused its discretion in ordering recoupment of overpayments. The court granted a limited writ of mandamus and remanded the case for further proceedings.

State of Delaware v. Bryan Azofeifa-Ramirez - Interlocutory Appeal Denied

The Delaware Superior Court denied Bryan Azofeifa-Ramirez's application for an interlocutory appeal. The court found that the Delaware Supreme Court lacks jurisdiction to hear interlocutory appeals in criminal cases, meaning only final judgments can be reviewed.

Delaware Superior Court Denies Motion to Modify Sentence

The Delaware Superior Court denied Kendall Smith's pro se motion to modify his sentence. The court found the motion to be repetitive and procedurally barred under Superior Court Rule of Criminal Procedure 35(b), as per previous denials.

Delaware Superior Court Denies Motion to Modify Sentence

The Delaware Superior Court denied Michael J. Ford's motion to modify his sentence. The court found the motion to be repetitive under Superior Court Rule of Criminal Procedure 35(b) and therefore could not consider its merits. The defendant's original sentence involved a period of work release.

Brown v. Delaware - Motion to Modify Sentence Denied

The Delaware Superior Court denied JaiaYre Brown's motion to modify her sentence. The court found the motion to be repetitive under Rule 35(b) and therefore could not consider its merits. The defendant had pleaded guilty to Carrying a Concealed Deadly Weapon and Possession of Ammunition by a Person Prohibited.