Case law

Thatcher v. Goodwill Industries of Akron

117 Ohio App. 3d 525 · Ohio Court of Appeals · Jan 2, 1997

Even assuming that Thatcher’s presentation of such documents otherwise qualifies as “filing a report” pursuant to the Whistleblower’s Act, Thatcher’s presentation of them to Sonnett does not qualify for whistleblower protection … established a prima facie case of retaliatory discharge.

Raza v. Dorner

2026 Ohio 2418 · Ohio Court of Appeals · Jun 25, 2026

Civ.R. 10(D)(2)(d) states that an “affidavit of merit is required to establish the adequacy of the complaint.” Dismissal for failure to comply with the rule “shall operate as a failure otherwise than on the merits.” … In this case, the trial court’s dismissal clearly states that dismissal was “WITHOUT PREJUDICE.” (Emphasis in original.) (Dec. 17, 2025 Entry.) {¶ 13} Reviewing the timeline, appellants still may refile.

Laketran Board of Trust. v. City of Mentor, Unpublished Decision (7-3-2002)

Ohio Court of Appeals · Jul 3, 2002

In its complaint, appellee sought a judgment determining that it was immune from Mentor's zoning regulations. … Clearly, we did not contemplate that the dismissal of the administrative appeal would serve as a res judicata bar to the bringing of a declaratory judgment action.

Vossman v. AirNet Sys.

2013 Ohio 4675 · Ohio Court of Appeals · Oct 22, 2013

, he was ostensibly qualified for the position, having served in that capacity for a number of years, and AirNet ultimately hired a person under the age of 40 for the job." … a legitimate, nondiscriminatory reason by "clearly set[ting] forth, through the introduction of admissible evidence, the reasons for the plaintiff's [termination]."

Lambert v. Shearer

84 Ohio App. 3d 266 · Ohio Court of Appeals · Dec 15, 1992

He cannot be too qualified, as defendant contends, to testify against a homeopath. … It does not require a plaintiff to establish a definite period of survival. Taylor v. C.

State v. Allenbaugh

151 N.E.3d 50 · Ohio Court of Appeals · Jan 13, 2020

As these Criminal Rules are not “clearly inapplicable,” there is no impediment to their application in the present case. Cleveland v. … In the context of laser and radar speed-detection devices, expert testimony is only required to establish a foundation for the admissibility of the speed reading, whereas the actual reading must be established by a qualified

State v. Dean

2022 Ohio 3105 · Ohio Court of Appeals · Sep 6, 2022

meaningful access" to the "public law library" that "must not be pursuant to unlawfully restraint – to undertake a medical intervention without any informed consent and without any medical necessity or consultation with a qualified … The General Assembly clearly did not intend such a radical and unwarranted extension of the breaking and entering statute.

In re R.T.

2013 Ohio 4886 · Ohio Court of Appeals · Nov 5, 2013

Each part of the definition must be established by clear and convincing evidence. R.C. 5122.15(H). … Dallas Erdman, M.D., a qualified psychiatrist who was appellant's treating physician testified and stated that appellant did not have the current capacity to make medical decisions.

Oye v. Ohio State Univ., Unpublished Decision (11-6-2003)

2003 Ohio 5944 · Ohio Court of Appeals · Nov 6, 2003

Shearer (1992), 64 Ohio St.3d 284 , discussed the framework for establishing personal immunity for state employees: If the Court of Claims determines that the employee was acting within the scope of employment, in furtherance … These cases clearly indicate that an R.C. 9.86 immunity analysis requires more than merely determining whether a state employee is "motivated by actual malice or other such reasons giving rise to punitive damages." {¶ 12}

Haddad v. Jahn

85 Ohio Law. Abs. 296 · Ohio Court of Appeals · Oct 28, 1960

X-Ray expenses and that it is assumed that it was reasonably certain that plaintiff would incur additional expenses in the future; that these facts were in dispute and the instructions were inadequate without the use of qualifying … Special instructions do not have to contain a full and comprehensive statement of the law if they clearly state the law pertinent to an issue in the case.

State v. Burson

2025 Ohio 499 · Ohio Court of Appeals · Feb 18, 2025

That is to say, given the immateriality of Burson's blood-alcohol level to either OVI in violation of R.C. 4511.19(A)(1)(a) or 4511.19(A)(2), Burson has failed to establish that the outcome of his trial would clearly have … witness' testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons; (B) The witness is qualified

State v. Myers, 21612 (5-25-2007)

2007 Ohio 2602 · Ohio Court of Appeals · May 25, 2007

. {¶ 8} In reviewing this issue, we note that statutes are afforded a strong presumption of constitutionality, and the challenger must establish that the statute is unconstitutional beyond a reasonable doubt. State v. … The General Assembly clearly wished to *Page 5 deter those detainees from violating their detention status and running the risk of criminal recidivism or interrupting their orderly rehabilitation and return to the law-abiding

State v. Jackson

2012 Ohio 5619 · Ohio Court of Appeals · Nov 28, 2012

Because the Double Jeopardy Clause affords the defendant who obtains a judgment of acquittal at the trial level absolute immunity from further prosecution for the same offense, it ought to do the same for … Johnson, 188 Ohio App.3d 438, 2010-Ohio-, 935 N.E.2d 895, ¶22 (stating that “[t]he evidence on which the jury found [defendant] guilty of breaking and entering would clearly establish criminal trespassing”).

Parker v. Preston

115 Ohio App. 426 · Ohio Court of Appeals · Dec 27, 1961

The bill of exceptions discloses that, in addition to Parker, who qualified as an expert as well as the owner of the property, two well-qualified real estate appraisers gave testimony as to the highest and best use of ail … is liable to a landowner who has built a structure on the land before a grade has been established, and who suffers injury because thereafter an unreasonable grade has been established.

Dubin v. Security Union Title Insurance

162 Ohio App. 3d 97 · Ohio Court of Appeals · Jul 7, 2005

The plaintiff bears *100 the burden of establishing the right to a class action. Shaver v. … (Emphasis added.) {¶ 25} The trial court held that language to clearly and unambiguously mean that the consumer, the Dubins in this case, must provide the insurer with a copy of their former policy.

Douglas Bigelow Chevrolet, Inc. v. General Motors Corp.

138 Ohio App. 3d 841 · Ohio Court of Appeals · Aug 24, 2000

The franchisor has the burden to establish that good cause exists to relocate a dealer. … Clearly, Progressive was actually providing better customer service as measured by Chevrolet’s own customer surveys.

Glover v. Dayton Public Schools, Unpublished Decision (8-13-1999)

Ohio Court of Appeals · Aug 13, 1999

As we mentioned earlier, the trial court found the school district immune under R.C. 2744.02 (A) (3) because the district's acts in planning and establishing routes were discretionary. … First of all, the immunity exception in R.C. 2744.03 (A) (6) (a) is inapplicable because Johnson was clearly acting within the scope of his responsibilities as a bus driver.

In Re Rabatin

83 Ohio App. 3d 836 · Ohio Court of Appeals · Nov 23, 1992

That is clearly not the case here because appellant signed the adoption consent form which gave her actual notice of the proceedings. … Third, appellant has the burden to establish duress or undue influence by clear and convincing evidence. In re Adoption of Infant Boy (1989), 60 Ohio App.3d 80, 81 , 573 N.E.2d 753, 755 .

State ex rel. Merrill v. State Dept of Natural Resources

2020 Ohio 6811 · Ohio Court of Appeals · Dec 21, 2020

A website was also established to submit claims and receive information on the settlement. … Instead, they were seeking injunctive and declaratory relief, remedies which are clearly within this court’s power to grant. * * * 4 Second,

Newburgh Hts. v. State

166 N.E.3d 632 · Ohio Court of Appeals · Jan 14, 2021

East Cleveland’s uncontested evidence establishing irreparable harm to the public safety of its citizens. 2. … Thus, the only question remaining is whether the state statutes qualify as a general law under the four-part test in Canton. The first two criteria are easily met.