On November 23, 2021, the Supreme Court of Ohio handed down a merit decision in Maternal Grandmother v. Hamilton Cty. Dept. of Job & Family Servs. Slip Opinion No. 2021-Ohio-4096. In a unanimous opinion authored by Justice Fischer, in
Ohio Appellate Insights
The latest news, practice pointers and resources for Ohio appellate law
Ohio Appellate Insights, published by Porter Wright Morris & Arthur LLP, focuses on appellate law developments and procedural issues within Ohio and federal courts affecting Ohio litigants. The blog covers topics such as eminent domain and inverse condemnation, jurisdictional questions including standing and injunction authority, appellate court procedural updates like brief quality control measures, and statistical trends in Ohio Supreme Court case volumes and timelines. It also addresses significant appellate decisions, court rule changes, and practical implications for appellate practitioners. The content is aimed at legal professionals interested in Ohio appellate practice, court procedures, and recent case law impacting appellate litigation strategies.
Latest from Ohio Appellate Insights - Page 10
Merit Decision: Court Evaluates Seizure of Personal Items from Hospital Room. State v. LaRosa
On November 18, 2021, the Supreme Court of Ohio handed down a merit decision in State v. LaRosa, Slip Opinion No. 2021-Ohio-4060. In a 4-3 decision written by Justice Fischer and joined by Chief Justice O’Connor and Justices Kennedy…
The most important thing in preparing for oral argument
By Terry Posey
One thing that can set appellate lawyers apart from most people (and there are many) is they tend to watch more oral arguments. Appellate lawyers thrive on keeping up with new case developments and hearing how justices and judges are…
Rethinking pleading standards: Is the Supreme Court finally ready to address Twombly and Iqbal?
By Terry Posey
It’s a generally understood concept that case law interpreting the Federal Rules of Civil Procedure applies equally to the Ohio Rules of Civil Procedure—except in one main area: motions to dismiss. In Maternal Grandmother v. Hamilton Cty. Dept. of Job…
What’s On Their Minds: Is the Temporary Restraining Order in this Case a Prior Restraint on Speech Subject to Immediate Appellate Review? M.R., a Cincinnati Police Officer pleading under a pseudonym v. Julie Niesen and Terhas White and James Noe and Alissa Gilley.
Update: On April 6, 2022, this appeal was unanimously dismissed as moot.
“At the time that the trial court said it (the T.R.O.) is to remain in effect, had it already expired?”
Justice Brunner, to counsel for White
“In your…
What’s On Their Minds: Is the Temporary Restraining Order in this Case a Prior Restraint on Speech Subject to Immediate Appellate Review? M.R., a Cincinnati Police Officer pleading under a pseudonym v. Julie Niesen and Terhas White and James Noe and Alissa Gilley.
Update: On April 6, 2022, this appeal was unanimously dismissed as moot.
“At the time that the trial court said it (the T.R.O.) is to remain in effect, had it already expired?”
Justice Brunner, to counsel for White
“In your…
What’s On Their Minds: Is the Temporary Restraining Order in this Case a Prior Restraint on Speech Subject to Immediate Appellate Review? M.R., a Cincinnati Police Officer pleading under a pseudonym v. Julie Niesen and Terhas White and James Noe and Alissa Gilley.
Update: On April 6, 2022, this appeal was unanimously dismissed as moot.
“At the time that the trial court said it (the T.R.O.) is to remain in effect, had it already expired?”
Justice Brunner, to counsel for White
“In your…
What’s On Their Minds: Is the Temporary Restraining Order in this Case a Prior Restraint on Speech Subject to Immediate Appellate Review? M.R., a Cincinnati Police Officer pleading under a pseudonym v. Julie Niesen and Terhas White and James Noe and Alissa Gilley.
Update: On April 6, 2022, this appeal was unanimously dismissed as moot.
“At the time that the trial court said it (the T.R.O.) is to remain in effect, had it already expired?”
Justice Brunner, to counsel for White
“In your…
What’s On Their Minds: Is the Temporary Restraining Order in this Case a Prior Restraint on Speech Subject to Immediate Appellate Review? M.R., a Cincinnati Police Officer pleading under a pseudonym v. Julie Niesen and Terhas White and James Noe and Alissa Gilley.
Update: On April 6, 2022, this appeal was unanimously dismissed as moot.
“At the time that the trial court said it (the T.R.O.) is to remain in effect, had it already expired?”
Justice Brunner, to counsel for White
“In your…
What’s On Their Minds: Can Law Enforcement Search a Backpack Found in Plain View in a Residence Without a Warrant? State of Ohio v. Kennedy M. Burroughs
“Here the container may not have announced its contents by the shape of the container, but didn’t it announce its contents by what was sticking out of the container?”
Justice DeWine to counsel for Burroughs
“In your view what was…