Case law

Bay Mechanical & Electrical Corp. v. Testa

133 Ohio St. 3d 423 · Ohio Supreme Court · Sep 26, 2012

First, before the BTA, “[t]he Tax Commissioner’s findings ‘are presumptively valid, absent a demonstration that those findings are clearly unreasonable or unlawful.’ ” A. Schulman, Inc. v. … Options viewed contract language as merely one important element of establishing entitlement to the exemption.

Local 330, Akron Firefighters Assn., AFL-CIO v. Romanoski

1994 Ohio 521 · Ohio Supreme Court · Apr 5, 1994

Wherever practicable, temporary or seasonal appointments shall be made from eligible lists in the manner provided herein."4 Section 106 clearly gives the civil service commission sole authority to establish and standardize … That section, we held, "clearly gives the fire chief exclusive authority over individual assignments of fire department personnel." Id. at 45, 18 O.O.3d at 252, 413 N.E.2d at 785.

State v. Sumlin

69 Ohio St. 3d 105 · Ohio Supreme Court · Apr 27, 1994

The corroboration must “clearly indicate” that the statement is “trustworthy.” Id. … Moreover, because the reliability of the statements was not established, the failure to admit them into evidence did not violate appellee’s constitutional right to a fair trial.

Bank One Dayton, N.A. v. Limbach

50 Ohio St. 3d 163 · Ohio Supreme Court · Apr 18, 1990

This is in accord with the constitutional rule of federal tax immunity first established in McCulloch v. Maryland (1819), 17 U.S. (4 Wheat.) 316 . … Thus the question arises as to whether the tax qualifies as a “nondiscriminatory” franchise tax for purposes of Section 3124(a).

State v. Herbert

49 Ohio St. 2d 88 · Ohio Supreme Court · Dec 30, 1976

Any of such securities may be deposited for safekeeping with a qualified trustee as provided in Section 135.18 of the Revised Code. … Furthermore, his purchases of such qualified commercial paper notes are subject to the review and veto of the governing board.

Haskins v. Alcott & Horton

13 Ohio St. 210 · Ohio Supreme Court · Dec 15, 1862

It would lead to great abuses, and might be resorted to for the mere purpose of protracting the collection of just debts, and securing immunity for months or years, while the debtor is engaged in lucrative and profitable … The recovery in the first action established the light of the plaintiffs to sue and have judgment in the name of their firm.

Babcock & Wilcox Co. v. Ohio Civil Rights Commission

31 Ohio St. 3d 222 · Ohio Supreme Court · Jul 15, 1987

The case before us would appear to be an example of an evaluation based upon factors which were not only neutral but well-established at the company. … One example of a legitimate employer concern is found in what appears to be a clearly expressed company policy regarding employee absences.

Harrison v. State

112 Ohio St. 429 · Ohio Supreme Court · Apr 21, 1925

It clearly shows that it lacked every element of an agreement. It even expressly contradicts any notion of it being an agreement. … This qualified acquisition of the Alabama plant, on June 28, 1923, did not establish the truth of claim of ownership on September 22, 1922, and the failure at any time to acquire the Pennsylvania plant would be sufficient

Zukowski v. Brunner

125 Ohio St. 3d 53 · Ohio Supreme Court · Apr 14, 2010

candidacy for party nomination 3  SUPREME COURT OF OHIO or for election to an office or position, as provided in this section, may be filed by any qualified … Conclusion {¶ 13} Therefore, because Zukowski has not established his entitlement to the requested relief, we deny his request.

Columbus Bar Assn. v. Kizer

123 Ohio St. 3d 188 · Ohio Supreme Court · Sep 17, 2009

Assistance Program (“OLAP”) or a comparable qualified agency, and (3) fully complying with any treatment regimen or other recommendations by OLAP or the comparable qualified agency regarding substance abuse. … Respondent failed to file the documentation required to establish Watson’s paternity, however, and she failed to appear at an August 2007 hearing on his behalf.

Bureau of Support in the Department of Mental Hygiene & Correction v. Kreitzer

16 Ohio St. 2d 147 · Ohio Supreme Court · Dec 31, 1968

[I]n the event a share is established upon my death for the benefit of my daughter,.Naomi M. … Whatever might be the position of a mere volunteer who had supplied Naomi with necessaries (but see the cases cited, supra), the state had at least a qualified duty to do likewise in this case.

State ex rel. Ascani v. Stark Cty. Bd. of Elections

83 Ohio St. 3d 490 · Ohio Supreme Court · Oct 15, 1998

Northfield Park established Canton OTB, Ltd. … Ascani, Jr., a qualified resident elector of Stark County, filed a written protest with the board challenging the validity of the petition.

State ex rel. Klein v. Precision Excavating & Grading Co. (Slip Opinion)

155 Ohio St. 3d 78 · Ohio Supreme Court · Sep 27, 2018

To qualify for TTD compensation, the injured worker is required to show that “a cause-and-effect relationship exists between the industrial injury and an actual loss of earnings. … An amendment to Article II, Section 35 adopted in 1923 established the exclusivity of the workers’ compensation system for recovery for workplace injuries, granting complying employers immunity from common-law remedies.

State ex rel. Addis v. McClenen

119 Ohio St. 3d 500 · Ohio Supreme Court · Sep 26, 2008

Addis claimed that Gerson is not qualified to be a candidate for Clark County Engineer because he is not a resident of Clark County. {¶ 5} On August 28, the board of elections conducted a hearing on Addis’s protest. … disregarded R.C. 3.15 because Gerson is not a qualified candidate for county engineer in that he is not currently a resident of Clark County.

State ex rel. National Broadcasting Co. v. Court of Common Pleas

52 Ohio St. 3d 104 · Ohio Supreme Court · Jun 20, 1990

to his case, (2) that he needs the material to establish a claim or defense, and (3) that he has no other way to obtain the information. … In the present case, however, Judge Mitrovich’s order regarding the taking or publishing of jurors’ names is clearly a prior restraint requiring application of Kainrad .

Brown-Brockmeyer Co. v. Roach

148 Ohio St. 511 · Ohio Supreme Court · Nov 26, 1947

established. … In the meantime he had sought a government position but failed to qualify therefor and had thereafter unsuccessfully made numerous applications for employment elsewhere.

State ex rel. Dann v. Taft

110 Ohio St. 3d 252 · Ohio Supreme Court · Jul 21, 2006

Id. at ¶ 62-72. {¶ 5} We initiated the process established in Dann v. … Resnick and Pfeifer, JJ., concur in part and dissent in part. . {¶ a} The relator’s complaint clearly is focused on the denial of public records concerning the BWC, as illustrated by the following statements in that pleading

State ex rel. Reynolds v. Nix

176 Ohio St. 3d 687 · Ohio Supreme Court · Sep 25, 2024

He need only establish his claim in good faith and upon reasonable grounds.” (Cleaned up.) State ex rel. Swanson v. Maier, 2013-Ohio-4767, ¶ 21. … This precautionary result, which the statute plainly envisions, is not clearly and convincingly unconstitutional, even though Reynolds’s guilty verdict was eventually reversed. III.

McMullen v. Ohio State University Hospitals

88 Ohio St. 3d 332 · Ohio Supreme Court · Apr 12, 2000

The court of appeals reversed, finding that “the establishment of the sole cause of death necessarily imports that the individual would have survived absent the departure from the standard of care.” … the probate court allocates the award among the beneficiaries, which is clearly in violation of Buchman and Sorrell.

McFee v. Nursing Care Management of America, Inc.

126 Ohio St. 3d 183 · Ohio Supreme Court · Jun 22, 2010

by the General Assembly, the agency has usurped the legislative function, thereby violating the separation of powers established in the Ohio Constitution. … childbearing leave, that leave must be reasonable in duration. {¶ 31} The tension between subsections (G)(2) and (G)(5) is apparent; (G)(2) appears to indicate that a policy providing no leave is discriminatory, while (G)(5) clearly