Case law

Jessica v. Ohio Dept. of Job & Family Servs.

2025 Ohio 2604 · Ohio Court of Appeals · Jul 24, 2025

Short needed to establish her own individual standing to sue. See Hamilton v. Ohio Sav. … Id. at 425. {¶ 28} The court had “no trouble concluding that the 1,853 class members suffered a concrete harm that qualifie[d] as an injury in fact.” Id. at 432.

Billow v. Whitesell, Unpublished Decision (3-4-2005)

2005 Ohio 904 · Ohio Court of Appeals · Mar 4, 2005

Billow had the burden to establish that Whitesell had FEW's permission to drive the automobile at the time the accident occurred. … No. 85AP-275. {¶ 18} Billow failed to establish that Whitesell had permission to drive FEW's vehicle on the night of the accident.

State v. Jarvis

152 N.E.3d 1225 · Ohio Court of Appeals · Mar 23, 2020

R.C. 2903.42(A)(1). {¶12} Each violent offender is also presumed to have a duty to enroll, duty to re- enroll, and duty to provide notice of a change of address (VOD duties) with respect to the qualifying offense … In this example, the new statute could not be applied retroactively because it is clearly punitive, and would impose new or additional burdens, duties, obligations, or liabilities to a past transaction.

Northpoint Properties, Inc. v. Charter One Bank

2014 Ohio 1430 · Ohio Court of Appeals · Apr 3, 2014

{¶31} This court concluded that the trial court’s finding that Northpoint failed to prove fraud with regard to the fire-suppression system was against the manifest weight of the evidence because the trial court record clearly … Moreover, the five page spreadsheet that summarizes payments made to Northpoint employees was clearly not made in course of regular business activity.

State v. Ohio Department of Job Family Servs., 05ap-1371 (6-26-2007)

2007 Ohio 3223 · Ohio Court of Appeals · Jun 26, 2007

Although the magistrate's decision refers to R.C. 5111.222 , she clearly was referring to R.C. 5111.221 , which provides in part that if the rate paid to a provider for a facility is higher than the rate calculated for it … This rate shall be recalculated to reflect the facility's actual quarterly average case-mix score * * * after it submits its first quarterly assessment information that qualifies for use in calculating a case-mix score in

Dunbar v. Beacom

210 N.E.3d 1165 · Ohio Court of Appeals · Mar 17, 2023

The videotape clearly contradicted the version of the story told by the plaintiff. … In Harris, the Court had to choose between only two versions of events, one of which was clearly proven incorrect, especially considering the existence of video evidence.

State ex rel. Cleveland Metro. School Dist. v. Indus. Comm.

2022 Ohio 2150 · Ohio Court of Appeals · Jun 23, 2022

Furthermore, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. State ex rel. Teece v. Indus. … direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the employee is otherwise qualified

State v. Jackson, Unpublished Decision (4-19-1999)

Ohio Court of Appeals · Apr 19, 1999

Neal were together at the prior incident and were together at the incident sub judice establishing "motive" or "plan." … The statement was not offered for the "truth of the matter asserted" and therefore did not qualify as hearsay. See, Evid.R. 801(C).

Schmidt v. Crayne

2024 Ohio 4726 · Ohio Court of Appeals · Sep 27, 2024

He described: So in that situation, first of all, it’s hard to establish an airway or hard to put the tube in. … Kaul was qualified to provide opinions with respect to Drs. Ahmed and Khan’s treatment of Joel. See Alexander v. Mt. Carmel Med.

Schlagheck v. Winterfeld

108 Ohio App. 299 · Ohio Court of Appeals · Dec 29, 1958

Furthermore, it is said that the presumption of the validity of a zoning ordinance stands until it is clearly established that such an ordinance is invalid, Pearce v. City of Youngstown, 100 Ohio App., 22 , 135 N. … effective jn thirty days after the date of such adoption unless within thirty *306 days after the adoption of the amendment or supplement there is presented to the board of township trustees a petition, signed by a number of qualified

State ex rel. Yuravak v. Indus. Comm.

2016 Ohio 8343 · Ohio Court of Appeals · Dec 22, 2016

Furthermore, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. State ex rel. Teece v. Indus. … Comm., 29 Ohio App.3d 145 (1985). {¶ 54} When demonstrating whether an injury qualifies for TTD compensation, a two-part test is used. The first part of the test focuses on the disabling aspects of the injury.

State v. Williams

2024 Ohio 5164 · Ohio Court of Appeals · Oct 28, 2024

Lynk heard a male’s voice clearly shouting “J-Bae, Jae Bae,” which was J.C.’s nickname. {¶7} The voice continued, stating “J-Bae, Jae Bae, come outside, mother fucker. I’m gonna shoot these dogs. … And there was forensic evidence establishing that the firearm stolen from Mr.

Lawson v. Lawson, Unpublished Decision (12-21-2006)

2006 Ohio 6890 · Ohio Court of Appeals · Dec 21, 2006

Lawson Client Datasheet Projected, Datasheet 2.) {¶ 21} "The above amount for Wife does not include any divorced widow benefit as all the following requirements must be met in order for Wife to qualify: {¶ 22} "Must have … f) The extent to 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; {¶ 57} "(g) The standard of living of the parties established

State v. Hunneman, Unpublished Decision (12-28-2006)

2006 Ohio 7023 · Ohio Court of Appeals · Dec 28, 2006

The Court, quoting Crawford , explained that testimony is "[a] solemn declaration or affirmation made for the purpose of establishing or proving some fact." … "Abuse of discretion means a discretion exercised to an end or purpose not justified by, and clearly against reason and evidence." Id., citing State v. Hancock , 108 Ohio St.3d 57 , 2006-Ohio-160 , ¶ 130 .

In re Adoption of T.M.Z.

2025 Ohio 5000 · Ohio Court of Appeals · Nov 3, 2025

-4- Case No. 13-25-07 the facts sought to be established.” Cross v. … The Court also finds that [Stepfather] is suitably qualified to care for and rear [T.M.Z.]. No evidence was presented which would indicate the adoption is contrary to [T.M.Z.]’s best interest.

Jones v. Conrad, Unpublished Decision (9-4-2001)

Ohio Court of Appeals · Sep 4, 2001

Frazer is clearly qualified to testify as an expert because of his medical knowledge. … Appellant cannot establish a prima facie case without competent medical testimony to establish proximate causation between her injury and her medical condition. Fox v. Indus. Comm . (1955), 162 Ohio St. 569 .

State ex rel. Cassens Corp. v. Indus. Comm.

2022 Ohio 2936 · Ohio Court of Appeals · Aug 23, 2022

The magistrate No. 21AP-93 2 determined that the injured employee, Luis Ybarra, established a VSSR. … Petrie has clearly found that the specific safety requirements in Ohio Adm.Code 4123:1-5 may apply to outdoor areas and qualify as "workshops." See State ex rel. Brammer v. Indus. Comm., 10th Dist.

Taneff v. Lipka

124 N.E.3d 859 · Ohio Court of Appeals · Mar 14, 2019

Cramer as administrator, or, in the alternative, replace him with a "more knowledgeable and qualified administrator." (Feb. 23, 2016 Appellants' Answers at 2, 4.) After appellee filed a motion to strike Ms. … Where a question of law is raised, it is reviewed 7 Prof.Cond.R. 1.5(a) provides: "A lawyer shall not make an agreement for, charge, or collect an illegal or clearly excessive fee.

Kimble Mixer Co. v. St. Vincent, Unpublished Decision (5-2-2006)

2006 Ohio 2258 · Ohio Court of Appeals · May 2, 2006

It was introduced to establish that St. … An expert qualified to testify in one subject, however, may not be qualified to testify on another related subject. Campbell v.

McKinley v. Hall

251 N.E.3d 673 · Ohio Court of Appeals · Aug 15, 2024

The trial court ordered the parties to prepare and file Qualified Domestic Relation Orders and similar orders to divide the pension and retirement accounts. … The An court did not establish a bright-line rule in this regard, as implied by McKinley, and, in fact, counseled against it. Id. at ¶ 20, citing Cherry v.