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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.
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.
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.
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.
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.
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.
Riemers v. State - University of North Dakota Free Speech and Audit Rights
The North Dakota Court of Appeals partially reversed a lower court's dismissal of a case brought by Roland Riemers against the University of North Dakota (UND). The court affirmed the dismissal of Riemers' claim regarding auditing law school classes but reversed the dismissal of his claim concerning limitations on free speech activities on university property.
Riemers v. State of North Dakota - Court Opinion
The North Dakota Court of Appeals affirmed a lower court's decision dismissing Roland Riemers' challenge to a State Fair Association rule prohibiting solicitations except from paid concession locations. Riemers had sued, claiming the rule violated his free speech rights.
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.
Riemers v. State - Child Support Enforcement Appeal
The North Dakota Court of Appeals affirmed a summary judgment dismissing Roland Riemers' claims against the State Child Support Enforcement Office. Riemers alleged various constitutional and legal rights violations related to child support arrearages, laws, interest charges, and alleged unconstitutional jailing.
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