Case law

Aaron v. Ohio Bureau of Employment Services

130 Ohio App. 3d 376 · Ohio Court of Appeals · Oct 22, 1998

Such a definition renders the phrase meaningless, as all those unemployed would be “directly interested” in the labor dispute that caused their unemployment, and no claimant would ever qualify for benefits. … To more clearly understand the statute’s intent, an examination of the words contained therein is necessary.

State v. Quiller

2016 Ohio 8163 · Ohio Court of Appeals · Dec 15, 2016

702 provides that a witness may testify as an expert when the testimony relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons, the witness is qualified … Specifically, appellant asserts that there was no substantial evidence to establish that he was the shooter in either incident.

Round Lake Christian Assembly, Inc. v. Commissioner of Tax Equalization

4 Ohio App. 3d 189 · Ohio Court of Appeals · Mar 11, 1982

Little Miami, Inc. was a nonprofit Ohio corporation established for the purpose of preserving the nature and scenic appearance of the Little Miami River and its surroundings. … R.C. 5709.07 clearly provides that buildings annexed to or connected with a place of public worship along with grounds surrounding the facilities are tax exempt.

State v. Phillips

2012 Ohio 473 · Ohio Court of Appeals · Feb 9, 2012

Id. {¶ 32} In order to convict an offender of complicity, the state is not required to establish the principal’s identity. State v. … Upon cross-examination, Phillips confirmed that he had “never been in trouble,” and qualified “not as an adult.”

Rialto on Hurstbourne, L.L.C. v. US LBM Operating Co. 3009, L.L.C.

2026 Ohio 1179 · Ohio Court of Appeals · Apr 1, 2026

A claim or cause of action qualifies as a “product liability claim,” if it (1) seeks recovery from “a manufacturer or supplier,” (2) seeks “compensatory damages” for harm, defined to include “death, physical injury to … ii. {¶51} Despite Skoug’s comparative testing, US LBM contends that Rialto has failed to establish that ExtremeGreen itself was the cause of the substandard scores— only that it had been part of an assembly that

State v. McNeill

2018 Ohio 2659 · Ohio Court of Appeals · Jul 6, 2018

To this end, R.C. 2311.14(A)(1) states that a “court shall appoint a qualified interpreter” to assist a party to a legal proceeding “who cannot readily understand or communicate” because “of a hearing, … Pursuant to the definition of “deprive” in R.C. 2913.01(C), the State could prove McNeill’s intent to deprive the owner of property by establishing that she took property without giving proper consideration or payment,

Christman v. Condevco, Inc.

2020 Ohio 938 · Ohio Court of Appeals · Mar 5, 2020

Biehl possesses a degree in Economic Geology from Harvard and has been qualified as an expert in the oil and gas industry. … (Id.) {¶25} The evidence establishes that Condevco adopted the Christman Well and restored it to production before the expiration of the primary term of the Lease.

Balister v. CMac Transp., L.L.C.

2022 Ohio 3874 · Ohio Court of Appeals · Oct 31, 2022

been on the books for many decades and were adopted to remedy a pervasive problem in the American trucking industry: During the first half of the twentieth century, interstate motor carriers attempted to immunize … Those are clearly sufficient admissions to establish liability on our counterclaim. (Big Daddy’s Towing’s Motion for Directed Verdict, Feb. 15-16, 2022 Tr. at 85).

Milatovich v. Milatovich

2018 Ohio 4151 · Ohio Court of Appeals · Oct 9, 2018

which it would be 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 … The magistrate clearly found appellee's highest earnings for a year were $20,156.46 in 2009. T. at 39.

Keller v. Northwest Conduit Corporation, Unpublished Decision (9-26-2000)

Ohio Court of Appeals · Sep 26, 2000

However, an employer is not immune from civil liability for employee injuries, disease, or death caused by the employer's intentional tortious conduct in the workplace, since such conduct necessarily occurs outside the employment … Jeno's, Inc. (1991), 59 Ohio St.3d 115 , paragraph one of the syllabus: [I]n order to establish "intent" for the purpose of proving the existence of an intentional tort committed by an employer against his employee, the following

Dayton v. State

176 Ohio App. 3d 469 · Ohio Court of Appeals · May 30, 2008

legislation passed by the General Assembly, we presume it to be constitutional and will not declare it to be unconstitutional unless it ‘appear[s] beyond a reasonable doubt that the legislation and constitutional provisions are clearly … Likewise, granting immunity to employers for negligent transmission of the AIDS virus by fellow employees does not bear a significant nexus to the work environment itself.

In re Estate of Bradford

32 Ohio Law. Abs. 143 · Ohio Court of Appeals · May 28, 1940

Fleming Bradford (unrelated), were appointed and qualified as executrix and executor respectively. Item I of the will, in the usual form, provided for the payment of all just debts and funeral expenses. … Eby, the court determined that this fact was not established by a preponderance of the evidence.

State v. Wilcox

2025 Ohio 2207 · Ohio Court of Appeals · Jun 25, 2025

Both prongs from Strickland must be established to prevail on an ineffective assistance of counsel claim. {¶45} Wilcox’s argument fails to demonstrate that he was prejudiced by his trial counsel’s decision to … In other words, we must only determine if the record “clearly and convincingly” supports the trial court’s findings or if the trial court’s sentence is “clearly and convincingly” contrary to law.

In Re Estate of Collins, Unpublished Decision (2-15-2007)

2007 Ohio 631 · Ohio Court of Appeals · Feb 15, 2007

This finding is based upon the evidence and testimony of the witnesses which clearly established family hostility between children of the first marriage and children of the second marriage." … established family hostility between children of the first marriage and children of the second marriage."

State v. Sims

212 N.E.3d 458 · Ohio Court of Appeals · Apr 3, 2023

No. 21CA15 3 “THE TRIAL COURT IMPOSED A SENTENCE CLEARLY AND CONVINCINGLY CONTRARY TO LAW, THE RECORD CLEARLY AND CONVINCINGLY DOES NOT SUPPORT … On appeal, appellant argues that the “BCI employees certainly qualified as law enforcement personnel” under Evid.R. 803(8) and, thus, the rule should preclude admitting the reports into evidence. Athens App.

State v. Yopp, Unpublished Decision (3-31-2006)

2006 Ohio 1682 · Ohio Court of Appeals · Mar 31, 2006

Yopp clearly used the toy gun as a weapon to coerce his victims to accede to his commands. See, generally, State v. Haskins, 6th Dist. No. … At the sentencing hearing the trial court stated, "The fact that a weapon was used notwithstanding, apparently, some type of a pellet gun that perhaps doesn't qualify under the law as a firearm, still the persons who were

Hiscox v. Hiscox, 07 Co 7 (9-30-2008)

2008 Ohio 5209 · Ohio Court of Appeals · Sep 30, 2008

acquisition of a professional degree of the other party; {¶ 30} "(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 … Other appellate courts have concluded that a trial court expressly retains jurisdiction over spousal support when the court clearly states that spousal support will continue "until further order" or some similar language.

Isbell v. Johns Manville, Inc., Unpublished Decision (10-5-2007)

2007 Ohio 5355 · Ohio Court of Appeals · Oct 5, 2007

"PLAINTIFF PROPERLY FILED THE DEPOSITION TRANSCRIPTS OF FRANKLIN MCCORD AND DWAYNE BRAXTON WHICH CLEARLY ESTABLISH A GENUINE ISSUE OF MATERIAL FACT." {¶ 34} Because appellant's first and second assignments of error involve … "[T]o establish whether a person is `qualified,' the plaintiff must demonstrate not only that [he] was capable of performing the work, but that [he] also met the employer's legitimate needs and expectations."

Walker v. Shondrick-Nau

2014 Ohio 1499 · Ohio Court of Appeals · Apr 3, 2014

person, other than the owner of the surface of the lands subject to the interest, shall be deemed abandoned and vested in the owner of the surface of the lands subject to the interest if the requirements established … where the “mineral interest had been the subject of a title transaction” evidences the Legislature’s deliberate decision to eliminate the requirement that the mineral interest itself be conveyed or transferred in order to qualify

Connelly v. Poliafico, Unpublished Decision (6-27-2002)

Ohio Court of Appeals · Jun 27, 2002

Father Poliafico asserted that appellant's claims against him were barred by the one-year statute of limitations for assault and battery, and that he was entitled to immunity pursuant to R.C. 4123.741 . … Regardless of which statute of limitations applies, appellant's complaint clearly fails to set forth a cause of action for an employer intentional tort. In Fyffe v.