Porter Wright Morris & Arthur LLP (LexBlog United States)

2410 results for Porter Wright Morris & Arthur LLP (LexBlog United States)

  • Seeking to proceed under a pseudonym in Ohio State Court?

    Prepare for a Challenge… A recent decision by Ohio’s Second District Court of Appeals addresses a couple of topics that have been recurring features on this blog: final appealable orders and secrecy in litigation. As to the former, we have previously discussed the complexity of characterizing orders that either grant or deny preliminary injunctive relief...

  • Understanding the Ohio Supreme Court timing requirements

    Yet another reminder: The mandatory nature of the Ohio Supreme Court’s Rules of Practice   In Ohio state-court litigation, most timing deadlines are not automatic and can be “finessed” if need be (aside from the mandatory 30-day time period to file a notice of appeal). The Ohio Supreme Court, however, treats most of the timing...

  • Appellate review of provisional judicial orders: If it quacks like a duck…

    This article highlights new developments on the subject of a former Ohio Appellate Insights post considering the authority of appellate courts to immediately review appeals from provisional orders. In that prior post, the blog addressed the First District’s decision in Preterm-Cleveland et al. v. Yost, Atty Gen., et al., in which the First District held...

  • ‘Appealing’ from no sealing: Recent Fifth District decision highlights procedural wrinkle in rules of superintendence

    Benjamin Franklin remarked in Poor Richard’s Almanack that “three may keep a secret, if two of them are dead.” Keeping secrets is indeed a tricky business, and none the less so in civil litigation. Over the course of their careers in the law, the authors of this blog have perceived an increase in litigants’ attempts...

  • Ohio General Assembly expands venues for administrative appeals

    As Ohio attorneys who focus on appellate issues, one of the trusty treatises we often consult in our practice is former First District Court of Appeals Judge Mark Painter’s seminal Ohio Appellate Practice handbook, published by Baldwin. If you don’t have it in your library but enjoy appellate work, we highly recommend it. And for...

  • Two recent decisions by Ohio appellate courts caution counsel against undue reliance upon health emergencies to delay trials

    The COVID-19 pandemic introduced some new flexibility into the traditionally rigid legal workplace. For those working in downtown offices, the traffic on the daily commute was certainly better. And remote work options allowed counsel to take depositions from the comfort of their home offices. Got a hearing coming up on a motion? Fine, let’s conduct...

  • Thinking about appellate strategy with Michael Hendershot, Ohio Solicitor General’s Office

    We’ve had conversations with judges, but for this installment, I will be discussing appellate strategy with Michael Hendershot, Deputy Solicitor General at the Ohio Solicitor General’s Office. Michael has served as a law clerk for on the Fifth Circuit Court of Appeals, a law clerk for an Ohio Supreme Court Justice, an attorney in private...

  • U.S. Supreme Court agrees to resolve Dupree circuit split

    Imagine that your client has been sued for damages in federal court. In a motion for summary judgment, you assert what you believe to be a valid and compelling legal defense, such as the plaintiff’s failure to exhaust administrative remedies. There are no facts in dispute regarding the defense—it presents a purely legal question for...

  • Changing rules to eliminate consent requirements for amicus briefs – how far will they go?

    In mid-December 2022, Larry Ebner, the well-known appellate advocate behind Capital Appellate Advocacy in Washington, D.C., published an op-ed at Law360 titled Federal Courts Should Follow Supreme Court’s Amicus Stance. In this op-ed, Ebner noted that the U.S. Supreme Court had announced revisions to its rules, effective Jan. 1, 2023, that eliminate the requirement for...

  • The tricky business of appealing from decisions granting preliminary injunctive relief

    Members of our firm’s Appellate Practice Group are consulted regularly by our colleagues about procedural issues arising from so-called interlocutory appeals. In other words, appeals taken (or attempted to be taken) from decisions by trial courts at some point before final judgment. These issues can arise in a wide variety of contexts because the universe...

  • Appellate practitioners take note: Ohio Supreme Court has rejected mandatory deference to agencies’ interpretations of rules and statutes

    As many readers of this blog likely will be aware, the doctrine of administrative deference — the extent to which courts may properly defer to agencies’ interpretations of statutes and/or rules — has been a hot topic in recent years in the United States Supreme Court. In Kisor v. Wilkie, for example, the Supreme Court...

  • Ohio Supreme Court reminder: Strict rules compliance required for page limits and attachments

    It happens a few times a year – an entry in the Ohio Supreme Court’s daily announcements reads like this: 2022-1310. Leaf v. Leaf. Delaware App. No. 22 CAF 03 0016, 2022-Ohio-3301. Sua sponte, pages 16 through 18 of appellant’s memorandum in support of jurisdiction stricken for failure to comply with S.Ct.Prac.R. 7.02(B) (requiring that...

  • Don’t forget about AAA’s Optional Appellate Arbitration Rules

    Not long ago, one of the American Arbitration Association’s vice presidents stopped by our firm to bring us up to speed on some recent AAA developments and the new AAA rules in effect for commercial cases, effective Sept. 1, 2022. We at Ohio Appellate Insights think one of the topics she mentioned during her presentation...

  • Ohio Supreme Court allows recovery of appellate attorney fees by prevailing parties who obtain punitive-damage awards and successfully defend judgments on appeal

    As we noted last week, this time of year brings eventful decision days at the Ohio Supreme Court. And Wednesday, Oct. 12, continued the trend with the Supreme Court’s decision allowing recovery of appellate attorney fees by prevailing parties who obtain and successfully defend punitive-damage awards in Cruz v. English Nanny & Governess School. In...

  • An eventful day at the Ohio Supreme Court

    As we approach the end of an election year that includes multiple Ohio Supreme Court races, we know that the Justices of the Ohio Supreme Court and their law clerks are hard at work drafting opinions in all cases that have already been orally argued. This diligence is so that the court’s opinions in those...

  • A pain worse than losing (Part 3): A jurisdictional defect

    We’ve written before about the heartfelt pain appellate lawyers experience when a case is dismissed after briefing and oral argument at the Ohio Supreme Court. In the first instance, it happened for a lack of a final appealable order. In the second, the court ultimately decided the case had already been mooted. It turns out...

  • Appealing discovery orders compelling production of confidential information

    Ohio’s final appealable order statute, Ohio Revised Code Section 2505.02, is complex and fraught with traps for the unwary. It can be difficult for counsel to discern or advise their clients with any high degree of confidence whether a given interlocutory decision by a trial judge is subject to immediate appeal, or whether that fight must await an appeal after final judgment. One specific context

  • Appellate mergers and acquisitions (and retirements): The Legally Speaking Ohio legacy

    At Ohio Appellate Insights, we are happy to announce that Porter Wright has “acquired” the long-running and well-regarded blog, Legally Speaking Ohio. Legally Speaking Ohio was run by University of Cincinnati Professor Emerita (and former First District Court of Appeals Judge) Marianna Brown Bettman, who is retiring this summer. Professor Bettman announced the transition here.

  • A pain worse than losing (Part 2): Appeal dismissed as moot

    In our last post, we discussed the pain of a dismissal after briefing and oral argument when the court determines the underlying judgment lacks a final appealable order. Less than three weeks later, the Supreme Court demonstrates another painful resolution — dismissing the appeal as moot and limiting the lower court’s decision as precedent only...

  • A pain worse than losing: Dismissal for lack of a final appealable order

    On March 16, 2022, the Ohio Supreme Court dismissed the appeal in Rachel Davis v. Tammie Nathaniel, a case in which a biological aunt was seeking companionship status and visitation of her sister’s three children, who were adopted by another aunt when their mother passed away in 2013. The appeal was dismissed for lacking a...

  • A pain worse than losing: Dismissal for lack of a final appealable order

    On March 16, 2022, the Ohio Supreme Court dismissed the appeal in Rachel Davis v. Tammie Nathaniel, a case in which a biological aunt was seeking companionship status and visitation of her sister’s three children, who were adopted by another aunt when their mother passed away in 2013. The appeal was dismissed for lacking a...

  • Five (or more) questions with a judge: Second District Judge Chris Epley

    We’re pleased to introduce a new blog feature today: Five questions (or more) with a judge. Judge Christopher B. Epley of the Second District Court of Appeals was kind enough to answer our slightly more than five questions. Judge Epley joined the bench in February 2021, after being elected in November 2020. Ohio Appellate Insights...

  • Ohio Supreme Court set to answer certified question from federal court

    In April 2022, the Ohio Supreme Court will hear oral arguments in City of Maple Heights v. Netflix, Inc. & Hulu, LLC, a certified question case. Such cases are governed by Section 9 of the Ohio Supreme Court’s Rules of Practice and only come up a few times a year. In certified-question cases, any federal...

  • Pro hac vice pro tip: Ohio Supreme Court requires annual renewal

    For a variety of reasons, legal clients frequently prefer to use their out-of-state counsel for matters litigated before the Ohio Supreme Court or other Ohio tribunals. For these attorneys seeking to appear in Ohio courts and affiliated local counsel, the end of the calendar year – and the beginning of the next one – can...

  • Putting numbers behind Ohio Supreme Court jurisdictional decisions: What percentage of cases are being accepted?

    OHIO APPELLATE INSIGHTS /stats In our last feature on Ohio Supreme Court statistics, we put numbers behind the question, “How long will it take for the Ohio Supreme Court to decide on a discretionary appeal, or jurisdictional?” If you have not had the opportunity to read that post, we were surprised to learn criminal cases...

  • What’s fair game in supplementation at the Ohio Supreme Court?

    Last month, Terry Posey wrote on the blog about supplemental authority at oral argument — before the intermediate court of appeals. But what about the Ohio Supreme Court? As there is some time between filing your brief and oral argument, it makes sense you may wish to supplement your brief in some way. Say, for...

  • Ohio Supreme Court grants writs to expose sealed affidavit, prevent use of pseudonym

    Attorneys frequently navigate choppy waters between the presumption of openness that applies to court proceedings and the insistence of their clients to file a number of documents under seal to maintain the secrecy of information relevant to the proceedings. The fine line between publicity and privacy in litigation Not too long ago, the U.S. Court...

  • FLASH UPDATE: Remote oral argument is back at Ohio Supreme Court

    From April 7, 2020, through Sept. 7, 2021, the Ohio Supreme Court conducted oral argument remotely. This was done mostly through Zoom, but originally the court used a different service. I wrote a post on preparing for remote oral argument at the time. Apparently, in response to rising Omicron cases, the oral arguments set for...

  • FLASH UPDATE: Remote oral argument is back at Ohio Supreme Court

    From April 7, 2020, through Sept. 7, 2021, the Ohio Supreme Court conducted oral argument remotely. This was done mostly through Zoom, but originally the court used a different service. I wrote a post on preparing for remote oral argument at the time. Apparently, in response to rising Omicron cases, the oral arguments set for...

  • Putting numbers behind Ohio Supreme Court jurisdictional decisions: How long do they take?

    OHIO APPELLATE INSIGHTS /stats The Ohio Supreme Court has a few great mysteries. A recurring one is how long you’ll have to wait to determine whether your case will be accepted as a discretionary appeal. The court generally calls such cases jurisdictionals. Jurisdictional memoranda are similar to a petition for a writ of certiorari at...

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