Case law

Ulliman v. Ohio High School Athletic Ass'n

184 Ohio App. 3d 52 · Ohio Court of Appeals · Jul 31, 2009

Ulliman also failed to establish that OHSAA acted arbitrarily in applying the transfer rule. … The exceptions to Bylaw 4-7-2 provide many ways to legitimately qualify for eligibility, and OHSAA is not required to anticipate every situation.

State v. York

107 N.E.3d 672 · Ohio Court of Appeals · Feb 16, 2018

We conclude that York has failed to establish any error, let alone cumulative error, that would affect his right to a fair trial. … We conclude that York has failed to establish error, let alone plain error.

Fairland Assn. of Classroom Teachers v. Fairland Local Bd. of Edn.

2017 Ohio 1098 · Ohio Court of Appeals · Mar 21, 2017

Because plaintiffs’ claims were dependent on the framework established in R.C. … The school board filed a motion to dismiss arguing lack of subject-matter jurisdiction, failure to state a claim upon which relief could be granted, and governmental immunity.

State v. Radabaugh

2024 Ohio 5640 · Ohio Court of Appeals · Dec 2, 2024

“To qualify for plain-error relief, the appellant must establish: (1) occurrence of an error, i.e., a deviation from a legal rule; (2) the error was plain, i.e., it was an obvious defect in the trial proceedings; and ( … Other evidence clearly established that Radabaugh had -29- Case No. 6-24-01 come into contact with Mays on the night of Mays’ death. State v.

Union Bank v. Car Mart Auto Group, Inc.

2012 Ohio 5944 · Ohio Court of Appeals · Dec 17, 2012

The trial court also found that the facts and circumstances necessary to establish an instrumentality claim were not present or applicable in this case. … Qualifying that obligation by requiring that the holder demonstrate his ‘good faith’ in seeking payment can have no beneficial result for either the holders or makers of demand instruments.

State v. Shaw

2013 Ohio 5292 · Ohio Court of Appeals · Oct 31, 2013

To establish that reasonable probability, the facts must be sufficient to undermine a court's confidence in the outcome. … An alleged error cannot rise to the level of plain error unless the outcome clearly would have been different if not for the error. State v.

State v. Butcher

170 Ohio App. 3d 52 · Ohio Court of Appeals · Jan 12, 2007

Mary Beth’s testimony clearly establishes that T and D deliberated before they disclosed the alleged sexual assault to her, as evidenced by the children’s debating back and forth about which one would tell her before finally … One case was decided based upon the “limited reflective abilities” of the declarant or the character of the statement being “sufficiently *63 spontaneous to qualify as admissible hearsay.” 11 Other cases were decided upon

Sczublewski v. Kroger Co.

2025 Ohio 2029 · Ohio Court of Appeals · Jun 6, 2025

“Where the independent contractor does not create the dangerous condition, however, courts have held that the independent contractor is entitled to the same immunities as the owner or occupier.” … As such, both Kroger and Dotson are entitled to the same immunities to appellant’s negligence claims.

City of Toledo v. Ross, Unpublished Decision (11-5-2004)

2004 Ohio 5900 · Ohio Court of Appeals · Nov 5, 2004

Accordingly, we find that the trial court's permanent injunction is overreaching, insofar as it unduly prohibits appellants from having the opportunity to establish that their tenants qualify as a "functional family" and, … that the tenants qualify as a "functional family," in accordance with T.M.C. 1103.16.

Clark v. City of Dublin, Unpublished Decision (3-28-2002)

Ohio Court of Appeals · Mar 28, 2002

of rights, privileges or immunities secured by the Constitution or laws of the United States." … adverse employment action; (3) he or she was qualified for the position held; and (4) comparable, nonprotected persons were treated more favorably.

State v. Addiego

242 N.E.3d 909 · Ohio Court of Appeals · May 13, 2024

Packet Provided on 4-17-22’ and ‘Completed Ochs BCI CS Establishment Packet Provided on 4-17-22’” on April 17, 2022. … documented in the Confidential Source establishment packet.”

Mason v. Emerald Environmental Servs., Inc.

2023 Ohio 1418 · Ohio Court of Appeals · Apr 28, 2023

On March 23, 2021, the Director of the Unemployment Compensation Review Commission determined that Mason qualified for benefits. On August 10, 2021, the Director affirmed that initial determination. … Thus, Grimm’s testimony supports the conclusion that Mason chose to quit his employment with Emerald. {¶ 23} Furthermore, Mason’s testimony does not clearly contradict that conclusion.

Spitulski v. Bd. of Educ. of the Toledo City Sch. Dist.

121 N.E.3d 41 · Ohio Court of Appeals · Sep 28, 2018

In addition to this, on May 8, 2013, 1 We first reviewed this case with respect to Gault and Baker’s claims of statutory immunity. 2. … The Board’s attorney clearly was aware of the notice letter, but it is undisputed that the Board members themselves were unaware.

Carson v. Manubay

2023 Ohio 2015 · Ohio Court of Appeals · Jun 20, 2023

inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home; (g) The standard of living of the parties established … of the other party; (k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified

Columbus v. Galli

2013 Ohio 5325 · Ohio Court of Appeals · Dec 5, 2013

(R. 15, at 5.) {¶ 16} As to the initial violations, although Galli clearly disagreed with the Board's decision upholding the 2007 Order, he also acknowledged that his failure to appeal the Board's holding left him … the gravel qualified as a permissible nonconforming use.

State v. Knight

2025 Ohio 4498 · Ohio Court of Appeals · Sep 26, 2025

The court reasoned that “[t]he bright-line rule established in these cases eliminates the 26. … (“[I]t is well established that a person cannot provoke a fight or voluntarily enter combat and then claim self-defense.”).

Gondor v. State

2015 Ohio 4022 · Ohio Court of Appeals · Sep 30, 2015

An abuse of discretion may be found when the trial court “applies the wrong legal standard, 13 misapplies the correct legal standard, or relies on clearly erroneous findings … lesser-included offenses, either was not committed by the individual or was not committed by any person.” {¶61} When reviewing a trial court’s ruling that a claimant demonstrated by a preponderance of the evidence that he qualified

State v. Crowe

2016 Ohio 1579 · Ohio Court of Appeals · Apr 18, 2016

Crowe now argues that the trial court erred in treating the HGN results as scientific proof of impairment without hearing expert testimony. {¶ 35} However, and as stated above, the Ohio Supreme Court has clearly … held that expert testimony is not necessary so long as the state lays a proper foundation that the administrating officer is qualified to give the test and that the proper testing techniques were used.

Weiper v. W.A. Hill & Associates

104 Ohio App. 3d 250 · Ohio Court of Appeals · May 31, 1995

Clearly there is no such evidence of record. Indeed, to the extent that the record manifests the parties’ intent, it is clear that W.A. … protected class, (2) that he or she was discharged, (3) that he or she was qualified for the position, and (4) that he or she was replaced by, or that the discharge permitted the retention of, a person not belonging to the

L.F. v. Simpson

2026 Ohio 1019 · Ohio Court of Appeals · Mar 24, 2026

credible evidence sustains the issue which is to be established before them. … An inability to sleep or concentrate on work can qualify as a temporary substantial incapacity and can also constitute a condition that would normally require mental health services. R.G. v.