Case law

State ex rel. Quolke v. Strongsville City School District Board of Education

142 Ohio St. 3d 509 · Ohio Supreme Court · Mar 25, 2015

Some replacement teachers discovered notes in their classrooms with messages like “scabs aren’t qualified teachers,” “teachers have class, scabs don’t,” and “how dare you take my job?” … As the Sixth Circuit has stated, “[individuals have ‘a clearly established right under the substantive component of the Due Process Clause to personal security and to bodily integrity,’ and this right is fundamental where

Heidle v. Baldwin

118 Ohio St. 375 · Ohio Supreme Court · Mar 28, 1928

It is admitted that South Wayne avenue carried a street railroad, and it was therefore clearly a main thoroughfare. … The right of way establishes precedence only when rights might otherwise be evenly balanced.

State v. Ballew

76 Ohio St. 3d 244 · Ohio Supreme Court · Aug 7, 1996

We summarily reject Proposition of Law IX, since this issue challenging the process of death-qualifying jurors has been resolved by other cases. State v. … Thus, Ballew failed to establish prejudice as Strickland requires. We reject Proposition of Law VIII.

Fairfield County Board of Commissioners v. Nally

143 Ohio St. 3d 93 · Ohio Supreme Court · Mar 24, 2015

We have emphasized that “ ‘[i]t is the effect of the [document], not how the [agency] chooses to characterize it, that is important’ ” in determining whether a document qualifies as a rule. (Brackets sic.) State ex rel. … The target value for phosphorus established in the TMDL report for all water bodies in the Big Walnut Creek watershed clearly constitutes a “standard of water quality” for “waters of the state of Ohio” within the meaning

Gulf Oil Corp. v. Lindley

61 Ohio St. 2d 23 · Ohio Supreme Court · Jan 9, 1980

In the absence of any method of accounting for federal income tax purposes, income shall be computed under such method as in the opinion of the Tax Commissioner clearly reflects income***.” … S made no election pursuant to a tax convention to be subject to United States tax on a net basis as though it were engaged in trade or business within the United States through a permanent establishment situated therein.

W. Side Deutscher Frauen Verein v. Tracy

78 Ohio St. 3d 124 · Ohio Supreme Court · Apr 2, 1997

As explained [in the attorney examiner’s recommendation], this property cannot qualify for exemption until it is licensed. … Ohio Adm.Code 3701-17-03(E) clearly states that a license to operate a nursing home is valid only for the premises named in the application.

State Ex Rel. Bryant v. Akron Metropolitan Park District

120 Ohio St. 464 · Ohio Supreme Court · Mar 27, 1929

The power of the General Assembly to establish any of them is no longer doubted. This proceeding does not question the power of the Legislature to establish park districts. … If park districts fell clearly within the political subdivisions referred to in the Constitution, the foregoing principles would be decisive of this controversy.

State v. Drummond

111 Ohio St. 3d 14 · Ohio Supreme Court · Oct 18, 2006

Thus, Lambert was qualified to testify as an expert about gang-related matters. {¶ 117} Finally, relying on Daubert v. … Moreover, Drummond suffered no prejudice from Butler’s testimony because other evidence clearly established that Jiyen died of a gunshot to the head. {¶ 223} 7. Other acts of alleged ineffectiveness of counsel.

State v. Madrigal

87 Ohio St. 3d 378 · Ohio Supreme Court · Jan 5, 2000

His second statement, while also tending to minimize his own involvement, could qualify as an exception to the hearsay rule. … The record clearly establishes that Madrigal brought the Brooks case to the court’s attention, both orally and in writing, and then twice entered a further objection to the court’s instruction.

State v. Nemeth

82 Ohio St. 3d 202 · Ohio Supreme Court · Jun 24, 1998

. {¶ 22} We have previously held that “[t]he Ohio Rules of Evidence establish adequate preconditions for admissibility of expert testimony * * *.” State v. … Any relevant conclusions which are supported by a qualified expert witness should be received unless there are other reasons for exclusion.’ ” (Footnote omitted.) State v.

State ex rel. Brown v. Milton-Union Exempted Village Board of Education

40 Ohio St. 3d 21 · Ohio Supreme Court · Dec 7, 1988

Provisions defining procedures for reemployment are clearly “terms or conditions of employment” provisions within the meaning of R.C. 4117.10. … The stipulated facts establish that she has, and thus appellee is entitled to a continuing contract and back pay as a matter of law.

State ex rel. Attorney-General v. McDaniel

22 Ohio St. (N.S.) 354 · Ohio Supreme Court · Dec 15, 1872

If the title pleaded in the second plea should be found good, they would hold for the full term, and until their successors were elected and qualified; but if they should fail on their second plea, and establish the first … This more clearly appears in Ex parte Holmes, 5 Cow. 426 . In a subsequent similar proceeding, reported in 19 Wend. 37 , the rule was held to be the reverse of what had been declared in 6 Wend, supra.

State ex rel. Bailey v. Board of Trustees

169 Ohio St. (N.S.) 1 · Ohio Supreme Court · Mar 18, 1959

pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner.’ ” *8 Examination of the above-quoted statute discloses that only moneys presently in the fund due or to become due to a pensioner are immune … It is fundamental that in a mandamus action the relator must establish a clear legal right to the relief he seeks.

Widows' Home v. Lippardt

70 Ohio St. (N.S.) 261 · Ohio Supreme Court · Jun 21, 1904

The effect of this depends upon whether-it is a qualified or an unqualified power. … That such an expression implies a power of sale is established by abundant authority. In Howard v. Carusi, 109 U. S., 725, 733 , Mr.

State ex rel. Belford v. Hueston

44 Ohio St. (N.S.) 1 · Ohio Supreme Court · Jan 15, 1886

And where a word is reconcilable with law or established custom in the particular manner in which it is used, a different meaning can not be given to it upon the authority of a lexicographer. … He is just as much bound to qualify in the manner provided as a new man would be, and if he fails in that he fails in his office.

State ex rel. Johnston v. N. Olmsted City School Dist. Bd. of Edn.

179 Ohio St. 3d 192 · Ohio Supreme Court · Apr 10, 2025

The first establishes a minimum salary schedule applicable to all teachers employed by the board of education in any school district. R.C. 3317.13(C). … The collective-bargaining agreement also addresses salary-schedule placement, stating that teachers “shall be placed . . . in . . . the highest class for which [they are] qualified” and can receive up to 12 years of credit

Barnes v. University Hospitals of Cleveland

119 Ohio St. 3d 173 · Ohio Supreme Court · Jul 9, 2008

Hill, however, was not qualified under MedLink’s criteria for healthcare aides because she did not have a high school diploma and she had a felony conviction on her record. … Clearly, the common pleas court in this case has jurisdiction over tort actions such as the instant case.

State v. Hayden

96 Ohio St. 3d 211 · Ohio Supreme Court · Aug 28, 2002

The fact of his conviction of attempted rape is established. … is true that at least one federal appellate court has held that 8  January Term, 2002 registration requirements imposed on sexual offenders qualify

Gantz v. Gease

82 Ohio St. (N.S.) 34 · Ohio Supreme Court · Mar 15, 1910

Brown was duly appointed and became qualified as guardian of the person and estate of said John G. … We think it is clearly of the latter character.

Mauzy v. Kelly Services, Inc.

75 Ohio St. 3d 578 · Ohio Supreme Court · Jun 12, 1996

class, (2) that he was discharged, (3) that he was qualified for the position, and (4) that he was replaced by, or that his discharge permitted the retention of, a person not belonging to the protected class. … Clearly, in Kohmescher we were not concerned with the issue of when the burden of persuasion should be placed on the employer.