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Recent Ohio Supreme Court Decisions

State Law Restricts Administration of Abortion Drug to FDA-Approved Gestational Limit, Delivery Protocol

 

From the site: "2008-1234.  Cordray v. Planned Parenthood Cincinnati Region, Slip Opinion No. 2009-Ohio-2972.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-2972.pdf

(July 1, 2009) The Supreme Court of Ohio ruled today that a state law enacted in 2004 mandates that Ohio physicians providing the drug mifepristone (RU 486) to patients for the purpose of inducing an abortion must do so in accordance with the approval letter and final printed labeling for the drug issued by the U.S. Food and Drug Administration (FDA), which includes compliance with the 49-day gestational limit and with the treatment protocols and dosage indications expressly approved by the FDA."

 

Plaintiff in Private Lawsuit Has No Right to Discover Confidential Medical Records of Non-Parties

From the site: "2007-1832.  Roe v. Planned Parenthood Southwest Ohio Region, Slip Opinion No. 2009-Ohio-2973.

Mary E. Donovan, J., of the Second Appellate District, sitting for O'Connor, J.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-2973.pdf

(July 1, 2009) The Supreme Court of Ohio ruled today that, under the state laws in force at the time their claim arose in a private civil lawsuit against Planned Parenthood, the parents of a Cincinnati teenager who obtained an abortion at a Planned Parenthood clinic are not entitled to discover confidential child abuse reports or medical records of other minors who were treated at the same clinic."

 

Prevailing Wage Law Applies Only When Public Funds Used for Construction of 'Public Improvement'

From the site: "2008-1069.  Northwestern Ohio Bldg. & Constr. Trades Council v. Ottawa Cty. Improvement Corp., Slip Opinion No. 2009-Ohio-2957.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-2957.pdf

(June 30, 2009) The Supreme Court of Ohio ruled today that the state's prevailing wage law applies only to work performed in the construction of a "public improvement" by or for the benefit of a public authority, and does not apply to work performed on a private development project that was partially funded by state and county economic development grants."

 

Arbitration Agreement in Contract Applies to Statutory Claim for Delay in Recording Satisfaction of Debt

 

From the site: "2008-0905 and 2008-1009.  Alexander v. Wells Fargo Financial Ohio 1, Inc., Slip Opinion No. 2009-Ohio-2962.

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Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-2962.pdf

(June 30, 2009) The Supreme Court of Ohio ruled today that a borrower's statutory claim against a lender for failing to record satisfaction of the borrower's debt within the  legal deadline is subject to an agreement between the parties that they will arbitrate all disputes "arising out of" their contractual relationship."

 

Death Penalty Upheld in Portage County Triple Murder

From the site: "2005-2436.  State v. Trimble, Slip Opinion No. 2009-Ohio-2961.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-2961.pdf

(June 30, 2009) The Supreme Court of Ohio today unanimously upheld the aggravated murder convictions and death sentence of James Trimble for the 2005 shooting deaths of his girlfriend, Renee Bauer, her seven-year-old son, Dakota Bauer, and Kent State University student Sarah Politano, who was taken hostage by Trimble while fleeing the scene of the other killings and subsequently shot during a standoff with a police SWAT team."

All from Supreme Court of Ohio Website, 30 June and 1 July 2009

Full post as published by Stark County Law Library Blawg on July 01, 2009 (boomark / email).