As many readers of this blog likely will be aware, the doctrine of administrative deference — the extent to which courts may properly defer to agencies’ interpretations of statutes and/or rules — has been a hot topic in recent years
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Ohio Supreme Court reminder: Strict rules compliance required for page limits and attachments
It happens a few times a year – an entry in the Ohio Supreme Court’s daily announcements reads like this:…
Don’t forget about AAA’s Optional Appellate Arbitration Rules
Not long ago, one of the American Arbitration Association’s vice presidents stopped by our firm to bring us up to speed on some recent AAA developments and the new AAA rules in effect for commercial cases, effective Sept.…
Ohio Supreme Court allows recovery of appellate attorney fees by prevailing parties who obtain punitive-damage awards and successfully defend judgments on appeal
As we noted last week, this time of year brings eventful decision days at the Ohio Supreme Court. And Wednesday, Oct. 12, continued the trend with the Supreme Court’s decision allowing recovery of appellate attorney fees by prevailing parties…
An eventful day at the Ohio Supreme Court
As we approach the end of an election year that includes multiple Ohio Supreme Court races, we know that the Justices of the Ohio Supreme Court and their law clerks are hard at work drafting opinions in all cases that…
A pain worse than losing (Part 3): A jurisdictional defect
We’ve written before about the heartfelt pain appellate lawyers experience when a case is dismissed after briefing and oral argument at the Ohio Supreme Court. In the first instance, it happened for a lack of a final appealable order.…
Appealing discovery orders compelling production of confidential information
Ohio’s final appealable order statute, Ohio Revised Code Section 2505.02, is complex and fraught with traps for the unwary. It can be difficult for counsel to discern or advise their clients with any high degree of confidence whether a given…
Appellate mergers and acquisitions (and retirements): The Legally Speaking Ohio legacy
At Ohio Appellate Insights, we are happy to announce that Porter Wright has “acquired” the long-running and well-regarded blog, Legally Speaking Ohio. Legally Speaking Ohio was run by University of Cincinnati Professor Emerita (and former First District Court of Appeals…
A pain worse than losing (Part 2): Appeal dismissed as moot
In our last post, we discussed the pain of a dismissal after briefing and oral argument when the court determines the underlying judgment lacks a final appealable order. Less than three weeks later, the Supreme Court demonstrates another painful…
A pain worse than losing: Dismissal for lack of a final appealable order
On March 16, 2022, the Ohio Supreme Court dismissed the appeal in Rachel Davis v. Tammie Nathaniel, a case in which a biological aunt was seeking companionship status and visitation of her sister’s three children, who were adopted by…