Read the analysis of the oral argument here.
On April 27, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Alan Schubert, 2021-0761. At issue in this case is whether police officers may reasonably
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.
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Oral Argument Preview: Does a Mandatory Life Sentence with Parole Eligibility Violate a Child-Defendant’s Eighth Amendment Rights? State of Ohio v. Austin M. Fuell
On May 17, 2022, the Supreme Court of Ohio, by a vote of 6-1, dismissed this case as improvidently accepted. Justice DeWine dissented and would affirm the judgment of the court of appeals.
On April 26, 2022, the Supreme Court…
Oral Argument Preview: Does a Mandatory Life Sentence with Parole Eligibility Violate a Child-Defendant’s Eighth Amendment Rights? State of Ohio v. Austin M. Fuell
On May 17, 2022, the Supreme Court of Ohio, by a vote of 6-1, dismissed this case as improvidently accepted. Justice DeWine dissented and would affirm the judgment of the court of appeals.
On April 26, 2022, the Supreme Court…
Oral Argument Preview: Does a Mandatory Life Sentence with Parole Eligibility Violate a Child-Defendant’s Eighth Amendment Rights? State of Ohio v. Austin M. Fuell
On May 17, 2022, the Supreme Court of Ohio, by a vote of 6-1, dismissed this case as improvidently accepted. Justice DeWine dissented and would affirm the judgment of the court of appeals.
On April 26, 2022, the Supreme Court…
A pain worse than losing (Part 2): Appeal dismissed as moot
By Terry Posey
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…
What’s On Their Minds: Tort Reform Revisited. Is Ohio’s Statutory Cap on Non-Economic Damages Unconstitutional? Brandt v. Pompa.
On March 30, 2022, the Supreme Court of Ohio heard oral argument in Brandt v. Pompa, 2021-0497. At issue in this case is whether Ohio’s statutory cap on non-economic damages, codified in R.C. 2315.18, is unconstitutional as applied to the…
Oral Argument Preview: Can a Contractual Warranty Disclaimer Bar a Tort Fraud Claim Based on the Same Facts and Damages? Navistar Inc. v. Dutchmaid Logistics Inc.
On April 13, 2022, the Supreme Court of Ohio will hear oral argument in Navistar Inc. v. Dutchmaid Logistics, Inc., 2021-0719. At issue in this case is whether a contractual disclaimer can thwart a tort claim that is based…
Oral Argument Preview: Can a Contractual Warranty Disclaimer Bar a Tort Fraud Claim Based on the Same Facts and Damages? Navistar Inc. v. Dutchmaid Logistics Inc.
On April 13, 2022, the Supreme Court of Ohio will hear oral argument in Navistar Inc. v. Dutchmaid Logistics, Inc., 2021-0719. At issue in this case is whether a contractual disclaimer can thwart a tort claim that is based…
A pain worse than losing: Dismissal for lack of a final appealable order
By Terry Posey
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…
Five (or more) questions with a judge: Second District Judge Chris Epley
By Terry Posey
We’re pleased to introduce a new blog feature today: Five questions (or more) with a judge. Judge Christopher B. Epley of the Second District Court of Appeals was kind enough to answer our slightly more than five questions.…