Recent changes
Parker v. Valliance Bank - Court Opinion
The Oklahoma Court of Civil Appeals affirmed a judgment in favor of Valliance Bank in a case where customers alleged the bank negligently disclosed financial records. While the court found a violation of the Oklahoma Financial Privacy Act, it upheld the lower court's decision.
McCleary v. Nexstar Media Group - Defamation Appeal
The Oklahoma Court of Civil Appeals affirmed a trial court's denial of Nexstar Media Group's motion to dismiss a defamation lawsuit. Nexstar mistakenly used a plaintiff's photograph in a news segment, and the court found the plaintiff met the threshold for fault required by the Oklahoma Citizen's Participation Act.
Oklahoma Mother Appeals Termination of Parental Rights
The Oklahoma Court of Civil Appeals affirmed a district court's order terminating a mother's parental rights to her child, J.S., Jr. The mother appealed, claiming insufficient notice of hearings and that termination was not in the child's best interest. The appellate court found notice was legally sufficient and termination was justified.
Oklahoma Adoption Case: Father Appeals Order on Child Eligibility
The Oklahoma Court of Civil Appeals reversed a trial court's order granting a petition to adjudicate a child eligible for adoption without the father's consent. The appellate court found the order lacked a necessary finding on the child's best interests, remanding the case for further proceedings.
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.
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.
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.
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.
Gosbee v. Martinson - RICO Action Appeal
The North Dakota Court of Appeals reversed a trial court's dismissal of a RICO action filed by John Gosbee against Rob Martinson and several companies. The court found that the trial court erred in dismissing the case without a hearing and in denying a motion to amend the complaint. The case involves allegations of fraudulent schemes to sell spyware.
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