“Is there anything in Wuerth that specifically limits it to the set of facts which were a law practice?”
Chief Justice O’Connor, to counsel for Heights Chiropractic
“What is your best argument for why Wuerth should not be expanded to
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 9
Oral Argument Preview: If a Criminal Case is not Eligible for Sealing, Can Individual Dismissed Counts Within That Case be Sealed? State of Ohio v. G.K.
On February 8, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. G .K. At issue is whether a conviction for one charge in a case precludes defendants from requesting other, dismissed charges in…
Oral Argument Preview: If a Criminal Case is not Eligible for Sealing, Can Individual Dismissed Counts Within That Case be Sealed? State of Ohio v. G.K.
On February 8, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. G .K. At issue is whether a conviction for one charge in a case precludes defendants from requesting other, dismissed charges in…
Oral Argument Preview: Where Does Professional Liability Stop? Cynthia Clawson v. Heights Chiropractic Physicians, LLC, et al.
On January 26, 2022, the Supreme Court of Ohio will hear oral argument in Cynthia Clawson v. Heights Chiropractic Physicians, LLC, et al., 2020-1577. At issue in this case is whether an employer can avoid liability for the negligent…
FLASH UPDATE: Remote oral argument is back at Ohio Supreme Court
By Terry Posey
From April 7, 2020, through Sept. 7, 2021, the Ohio Supreme Court conducted oral argument remotely. This was done mostly through Zoom, but originally the court used a different service. I wrote a post on preparing for remote oral argument…
Putting numbers behind Ohio Supreme Court jurisdictional decisions: How long do they take?
OHIO APPELLATE INSIGHTS /stats
The Ohio Supreme Court has a few great mysteries. A recurring one is how long you’ll have to wait to determine whether your case will be accepted as a discretionary appeal.…
Top Ten Blog Hits of 2021
Top Ten Blog Hits of 2021
Every year I prepare a list of the top ten blog hits. Here is the list for 2021:
1, Update on the Case of Brandon Moore. This case has been on the list…
Understanding supplemental authority at oral argument
By Terry Posey
If you prepare for oral argument enough times, eventually it will happen. Whether preparing directly for an argument or working on another matter, you will find a case that should have been included in your briefing. What do you do…
Counsel beware of intemperate assertions in briefs; First Amendment may not save you from discipline
By Brad Hughes
Let’s face it — the practice of law can be very frustrating at times. Attorneys address unreasonable demands from opposing counsel, tight deadlines, impossibly broad discovery requests, and other issues that escalate stress levels and trigger emotions. A recent decision…
Merit Decision: Grandmother Can Proceed with Lawsuit Against Granddaughter’s Caseworkers. Maternal Grandmother v. Hamilton Cty. Dept. of Job & Family Servs.
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…