Legal Research

"Four Recent Ohio Supreme Court Decisions"

Dispute Over Utility's Right to Remove Tree in Easement Falls Under Jurisdiction of PUCO

From the site: "2008-0708.  Corrigan v. Illum. Co., Slip Opinion No. 2009-Ohio-2524.
http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-2524.pdf

 (June 4, 2009) A dispute over an electric company's right to remove a tree located on a homeowner's property but within the utility's easement is a service-related issue subject to the exclusive jurisdiction of the Public Utilities Commission of Ohio (PUCO), according to a ruling issued today by the Supreme Court of Ohio."

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Doctor-Patient Privilege Does Not Bar Release of Medical Records to Insurer When Patient Consents

From the site: "2008-0598.  Med. Mut. of Ohio v. Schlotterer, Slip Opinion No. 2009-Ohio-2496.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-2496.pdf

(June 3, 2009) In a decision announced today, the Supreme Court of Ohio held that a patient's consent to the release of medical records is valid, and waives the physician-patient privilege, if the release is "voluntary, express and reasonably specific in identifying to whom the information is to be delivered."

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'Open and Obvious Hazard' Defense Applies Whether or Not Hazard Violated Building Code

From the site: "2007-1222 and 2007-1370.  Lang v. Holly Hill Motel, Inc.  Slip Opinion No. 2009-Ohio-2495.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-2495.pdf

(June 3, 2009) The Supreme Court of Ohio ruled today that when a plaintiff's injuries arise from a hazardous condition on a defendant's property that constitutes a violation of the Ohio Basic Building Code, the property owner may assert the common law defense that the hazardous condition was "open and obvious," and that the owner therefore had no legal duty to protect an invitee against it."

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Age Bias Lawsuit Barred If Arbitration Found Employee's Dismissal to be For Just Cause

From the site: "2008-0315.  Meyer v. United Parcel Serv., Inc., Slip Opinion No. 2009-Ohio-2463.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-2463.pdf

(June 2, 2009) The Supreme Court of Ohio ruled today that lawsuits asserting an age discrimination claim under R.C. 4112.99 are subject to the substantive conditions and requirements for bringing age discrimination claims set forth in R.C. 4112.02 and 4112.14."

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Source: The Supreme Court of Ohio, 2 - 4 June 2009

Full post as published by Stark County Law Library Blawg on June 09, 2009 (boomark / email).