Case law

Faour v. C.M. Media, Inc., Unpublished Decision (3-13-2001)

Ohio Court of Appeals · Mar 13, 2001

First, the City Council possesses absolute immunity from the defamation claim. Second, the UAC [University Area Commission] is a governmental entity which possesses qualified immunity. … Defamation cases as a matter of legal theory evoke defenses of absolute immunity and qualified immunity.

State ex rel. Ohio Inst. For Fair Contracting, Inc. v. Porter

2014 Ohio 2194 · Ohio Court of Appeals · May 22, 2014

seeking relief must establish standing to sue. … But it goes too far, essentially immunizing R.C.

Brown v. Dept. of Rehab. & Corr.

2014 Ohio 1810 · Ohio Court of Appeals · Apr 29, 2014

To Dunson, an order from another correctional officer to report to work qualifies as a legitimate reason. … However, we need not decide whether Foster qualifies under Evid.R. 702 as an expert witness.

Deoma v. Shaker Heights

68 Ohio App. 3d 72 · Ohio Court of Appeals · Jun 18, 1990

This established a qualified privilege for appellee. Further, appellee's affidavit supporting his summary judgment motion reads, in part, as follows: "I made no statement regarding Messrs. … A municipality's investigation of alleged corruption within its police department does not qualify as such conduct. Hence, no outrageous behavior by appellees was established. This assigned error is overruled.

Vermett v. Fred Christen Sons Company

138 Ohio App. 3d 586 · Ohio Court of Appeals · Aug 25, 2000

This immunity does not apply when an employer intentional tort has occurred within the context of the employer/employee relationship. Blankenship v. … The trial court found that, although Murray’s experience may qualify him as an expert on “identifying general industrial hazards and recognizing a need for safeguards,” he was not qualified “as an expert on press brake operation

Long v. Long

162 Ohio App. 3d 422 · Ohio Court of Appeals · Aug 8, 2005

Here, the trial court not only erred in failing to complete or clearly adopt the worksheet, but it also deviated from the amount of support on the worksheet in the record without making any findings of fact to establish its … It is well established that a witness’s testimony may properly be excluded by the trial court when the proponent fails to establish a proper foundation indicating that the witness is qualified to testify on the subject prior

Aultcare Corporation v. Roach, 2007ca0009 (10-22-2007)

2007 Ohio 5686 · Ohio Court of Appeals · Oct 22, 2007

.* * *The party seeking to enjoin another must establish, by clear and convincing evidence, each element of the claim. … Although we concede this interpretation is plausible, we find under the doctrine of judicial immunity, communications in defense of a case are protected: {¶ 41} "It is a well-established rule that judges, counsel, parties

Senu-Oke v. Boe, Unpublished Decision (9-30-2005)

2005 Ohio 5239 · Ohio Court of Appeals · Sep 30, 2005

The hiring of special education teachers and administrators for a public school district is clearly a governmental function. … : that he suffered an adverse employment action and was qualified for the position.

Ohio Bell Tel. Co. v. Digioia-Suburban Excavating, L.L.C., 89708 (3-27-2008)

2008 Ohio 1409 · Ohio Court of Appeals · Mar 27, 2008

projects that is established in R.C. 2744.02(A)." … Accordingly, based on the above precedent, the trial court erred by denying the City the protections of qualified immunity under R.C.

State v. Barber

2023 Ohio 2991 · Ohio Court of Appeals · Aug 25, 2023

handgun license. {¶ 20} The foregoing language establishes that qualifying adults are now entitled to the same rights and subject to same restrictions as those who have been issued a concealed handgun license. … This is the sequence of logical reasoning embedded in the parties’ arguments at the trial court. {¶ 21} The facts articulated by the state at the plea hearing clearly establish that appellant possessed a loaded

McGuire v. Lovell

128 Ohio App. 3d 473 · Ohio Court of Appeals · Jul 6, 1999

Political subdivisions are afforded limited immunity for the wrongful acts of their employees. … However, clearly required is some type of “call to duty” that initiates an officer’s response. Id.

State v. Cartwright

2013 Ohio 2156 · Ohio Court of Appeals · May 28, 2013

A witness may be qualified to testify as an expert on one subject but not qualified to testify as an expert on another related subject. Campbell v. The Daimler Group, Inc., 115 Ohio App.3d 783, 793 (10th Dist.1996). … Clearly out of fear of the alleged perpetrator. Maybe for being threatened or bribed.

Crestwood Nursing Home v. White

52 Ohio App. 2d 274 · Ohio Court of Appeals · Jun 7, 1977

The trial court erred in ruling that there was sufficient evidence to establish the affirmative defenses of estoppel and waiver.” … The state is to be *278 liable under' the waiver of sovereign immunity nnder the same circumstances as private persons.

Hartman v. Kerch

217 N.E.3d 881 · Ohio Court of Appeals · Jun 15, 2023

However, we find neither the record nor the Civ.R. 56 evidence clearly establish whether the Statement was false or substantially true. … of material fact on each element, then the plaintiff can only overcome qualified privilege by establishing with convincing clarity that defendant acted with actual malice.

HCF of Findlay, Inc. v. Bishop

129 N.E.3d 1024 · Ohio Court of Appeals · Feb 4, 2019

Bishop when the Journal notes of April Holland clearly state that the Medicaid denial was due to the failure to establish a Qualified Income Trust (QIT) prior to November 28, 2016. {¶5 … The QIT was then established on December 15, 2016. “The Qualified Income Trust documents were submitted to the County Department of Job and Family Services on December 16, 2016.” (Doc. No. 17).

Zell v. Ohio Superintendent of Real Estate

79 Ohio App. 3d 297 · Ohio Court of Appeals · Apr 20, 1992

Dickens explained that she had a qualified buyer, *299 and that a seven percent commission would be due upon either execution of the lease or the final purchase. … These cases are inapplicable, however, as the evidence presented in both cases clearly established that the real estate licensee was a party to the underlying transaction, and was not required to act, and did not act, for

Natale v. Everflow Eastern, Inc.

195 Ohio App. 3d 270 · Ohio Court of Appeals · Aug 26, 2011

Code, the Ohio Administrative Code, and the regulations adopted by the Ohio Department of Natural Resources. {¶ 54} The evidentiary material submitted clearly established that the well is operating within normal limits and … Ever- *283 flow established that this well was operating properly.

Hanson v. Kynast

38 Ohio App. 3d 58 · Ohio Court of Appeals · Apr 9, 1987

prejudicial error by awarding summary judgment to defendant-appellee when a conflict of testimony existfed] as to all of the facts upon which the trial court relied in awarding said summary judgment and where the court clearly … engaged in [a] weighing of [the] evidence in order to award said summary judgment, all contrary to * * * the law of Ohio as established by Ohio Rule of Civil Procedure 56(C) and the case law construing said rule.”

Steffens, Exrx. v. Sinkey

43 Ohio App. 355 · Ohio Court of Appeals · Mar 28, 1932

the case of Rockfield v First National Bank, 77 Oh St, 311, 83 NE, 392 , 14 L.R.A., (N.S.), 842, the syllabus of which case reads as follows: “Prior to the taking effect of the act of April 17, 1902, entitled ‘An act to establish … It embraces every party who, by previous provisions, is classed as an indorser unless his indorsement has been qualified by appropriate words.

State v. Randle

104 N.E.3d 202 · Ohio Court of Appeals · Jan 22, 2018

Legal Analysis for Alleged Promise of Immunity Issue {¶26} In this argument, the Defense alleges that the prosecution may have given Thomas a promise of immunity in exchange for his testimony at trial and failed … to disclose this alleged immunity agreement.