Justia Ohio Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the court of appeals concluding that Ohio Rev. Code 4117.11(B)(7) does not violate the First Amendment, holding that the statute's prohibition on inducing or encouraging targeted picketing in connection with a labor-relations dispute violates the First Amendment.Section 4117.11(B)(7) makes it an unfair labor practice for an employee organization or public employees to "induce or encourage any individual in connection with a labor relations dispute to picket the residence or any place of private employment of any public official or representative of the public employer.” The common pleas court in this case rejected a constitutional challenge to the statute, ruling that section 4117.11(B)(7) was a valid, content-neutral time, place and manner limitation on speech. The court of appeals reversed. The Supreme Court affirmed, holding that the law was a form of expressive-activity suppression that was irreconcilable with First Amendment protections. View "Portage County Educators Ass'n for Developmental Disabilities v. State Employment Relations Bd." on Justia Law

The Supreme Court granted a writ of prohibition and denied as moot a writ of mandamus sought by protestors - the village of Moscow and its mayor - to keep a petition to surrender the corporate powers of the village off the November 2022 ballot, holding that the protestors were entitled to a writ of prohibition based on Ohio Code 703.20(A) and (B)(1).The protestors of the petition to surrender the village's corporate powers commenced this original action for writs of prohibition and mandamus after the board of elections voted to deny the protest. The Supreme Court granted the request for a writ of prohibition, holding that the protestors were entitled to a writ of prohibition reversing the board's certification of the surrender petition to the November ballot because the board's decision to approved the surrender petition for placement on the ballot was contrary to law. View "State ex rel. Moscow v. Clermont County Bd. of Elections" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court denying Defendant's motion to dismiss two of the charges against him, holding that toxicology results trigger a new speedy-trial period for charges premised on the commission of a per se operating a vehicle while under the influence of alcohol or drugs (OVI) offense.The State charged Defendant with one felony offense related to a car accident in which Defendant killed another driver and was held in jail pending indictment. The grand jury's indictment, however, included additional charges based on toxicology results that had not been available at the time of Defendant's arrest. At issue was whether the charges based on Defendant's drug-test results were subject to the same speedy-trial period as the original charge. The Supreme Court held (1) the test results were new information necessary to establish that Defendant operated a vehicle with a prohibited level of drugs in his system; and (2) therefore, the State was entitled to a new speedy-trial period for the charges premised on the per se OVI offense. View "State v. Sanford" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals granting a writ of mandamus compelling East Cleveland Mayor Brandon King and the East Cleveland mayor and finance director (collectively, Appellants) to produce documents in response to a public-records request but reversing the court of appeals' judgment granting an award of attorney fees, holding that the writ was properly granted.In this mandamus action, the court of appeals denied two of Appellee's claims for relief but granted a third issuing a writ of mandamus directing Appellants to produce certain documents. In a subsequent order, the court of appeals ordered Appellants to pay attorney fees. The Supreme Court reversed in part, holding that the court of appeals (1) properly granted a writ of mandamus for the production of public records; but (2) improperly granted the award of attorney fees. View "State ex rel. Stevenson v. King" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the judgment of the trial court concluding that Acuity, an insurer, did not owe Masters Pharmaceutical, Inc. a duty to defend it in the several lawsuits brought by cities and counties in three states (the governments) for losses caused by the opioid epidemic, holding that Acuity did not owe Masters a duty to defend.Cities and counties in West Virginia, Michigan, and Nevada brought the underlying lawsuits against Masters, a wholesale distributor of pharmaceutical products, including prescription opioids, alleging that Masters's conduct contributed to the opioid epidemic. Acuity filed an action for a declaratory judgment that it owed no duty to defend or indemnify Masters in the underlying suits. The trial court granted summary judgment for Acuity. The court of appeals reversed. At issue was whether the governments sought damages for their own economic losses and not "damages because of bodily injury." The Supreme Court reversed, holding (1) the governments did not seek "damages because of bodily injury"; and (2) therefore, Acuity did not owe Masters a duty to defend it in the underlying suits. View "Acuity v. Masters Pharmaceuticals, Inc." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals reversing the summary judgment entered by the Cuyahoga County Court of Common Pleas in favor of Warrensville Heights in this real property dispute, holding that the agreement between the parties in this case was valid and enforceable.The Beachwood City School District Board of Education sought approval from the state board of education for a transfer of territory it annexed in 1990 to the Beachwood City School District. The Warrensville Heights City School District Board of Education, whose district the annexed territory was a part of, objected. In 1997, Beachwood and Warrensville Heights agreed that the territory would not transfer to the Beachwood City School District but that the districts would share the tax revenue generated from real property located within the territory. The court of common pleas granted summary judgment for Warrensville Heights, concluding that the parties' agreement was not valid. The court of appeal reversed. The Supreme Court affirmed, holding that the 1997 agreement required neither approval nor a fiscal certificate and therefore was valid and enforceable. View "Beachwood City School District Bd. of Education v. Warrensville Heights City School District Bd. of Education" on Justia Law

The Supreme Court reversed the judgment of the court of appeals ordering the Ohio Bureau of Workers' Compensation to return the Ohio-Kentucky-Indiana Regional Council of Governments (OKI) to its previous classifications after reclassifying OKI as a "special public authority," holding that the Bureau abused its discretion.The Bureau assigns each Ohio employer to a classification, for purposes of setting workers' compensation premium rates, based on the degree of hazard presented in the employer's business. While the Bureau had long assigned OKI to classifications applicable to private employers, in 2018 the Bureau reclassified OKI as a type of public-employer taxing district resulting in a higher premium. OKI sought a writ of mandamus ordering the Bureau to return it to its previous classifications, but the court of appeals denied the writ. The Supreme Court reversed and granted a limited writ of mandamus, holding that it was insufficient for the Bureau to simply consider OKI to be a public employer and a taxing district without making further explanation. View "State ex rel. Ohio-Kentucky-Indiana Region of Workers' Compensation" on Justia Law

The Supreme Court granted a limited writ of mandamus ordering the City of Twinburg, City Clerk of Council Shannon Collins, and Law Director Matt Vazzana (collectively, the City) to transmit a referendum petition to the Summit County Board of Elections, holding that Collins had a ministerial duty to transmit the petition to the Board.At issue was Resolution No. 57-2022, a resolution to confirm the Twinsburg Planning Commission's approval of a final site plan for a proposed development. Clark and three other petitioners filed a referendum petition seeking to place the resolution on the November 8, 2022 general election ballot. After she was advised that the resolution was not subject to referendum, Lynn Clark brought this action seeking a writ of mandamus requiring the City to transmit the referendum petition to the Board. The Supreme Court granted a limited writ, holding that it was not necessary to address whether Resolution No. 57-2022 was subject to referendum because Clark established a right to the requested relief, and Collins had a duty to provide it. View "State ex rel. Clark v. Twinsburg" on Justia Law

The Supreme Court reversed the judgment of the court of appeals concluding that dismissed counts in an indictment may be sealed before the conviction is eligible to be sealed, holding that the court of appeals erred.Defendant was indicted on multiple counts and plead guilty to one count. The State dismissed the remaining counts as part of a plea deal. Before he was eligible to have the record of his conviction sealed Defendant filed an application to seal, asserting that the trial court could seal the portions of the record pertaining to the dismissed charges pursuant to Ohio Rev. Code 2953.52. The trial court denied the application to seal. The court of appeals reversed. The Supreme Court reversed, holding that under the plain language of the statutes governing sealing, the dismissed counts in the indictment may not be sealed until the conviction is eligible to be sealed. View "State v. G.K." on Justia Law

The Supreme Court denied a writ of mandamus sought by F. Patrick Cunnane and Mary E. Cunnane to compel Ohio Secretary of State Frank LaRose to certify their names to the ballot, holding that the Cunnanes failed to establish that they were entitled to the writ.The Cunnanes filed a joint nominating petition to appear on Ohio's general election ballot in November 2022 as independent candidates for the offices of governor and lieutenant governor. Secretary of State Frank LaRose rejected their nominating petition on the grounds that, in his view, they could not claim to be unaffiliated from a political party when they each cast a partisan ballot in the May 2022 primary election. The Cunnanes subsequently brought this mandamus action. The Supreme Court denied the writ, holding that the Cunnanes did not meet their burden of proving that Secretary LaRose abused his discretion when he declined to certify them as independent candidates. View "State ex rel. Cunnane v. LaRose" on Justia Law