Porter Wright Morris & Arthur LLP (LexBlog United States)

2391 results for Porter Wright Morris & Arthur LLP (LexBlog United States)

  • 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...

  • 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...

  • 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...

  • Understanding supplemental authority at oral argument

    If you prepare for oral argument enough times, eventually it will happen. Whether preparing directly for an argument or working on another matter, you will find a case that should have been included in your briefing. What do you do when you find such authority? If you are in one of Ohio’s district courts of...

  • Counsel beware of intemperate assertions in briefs; First Amendment may not save you from discipline

    Let’s face it — the practice of law can be very frustrating at times. Attorneys address unreasonable demands from opposing counsel, tight deadlines, impossibly broad discovery requests, and other issues that escalate stress levels and trigger emotions. A recent decision from the Ohio Supreme Court in Cleveland Metro. Bar Assn. v. Morton presents a cautionary...

  • The most important thing in preparing for oral argument

    One thing that can set appellate lawyers apart from most people (and there are many) is they tend to watch more oral arguments. Appellate lawyers thrive on keeping up with new case developments and hearing how justices and judges are engaging with all parties. We appellate lawyers also like to learn what types of questions...

  • Rethinking pleading standards: Is the Supreme Court finally ready to address Twombly and Iqbal?

    It’s a generally understood concept that case law interpreting the Federal Rules of Civil Procedure applies equally to the Ohio Rules of Civil Procedure—except in one main area: motions to dismiss. In Maternal Grandmother v. Hamilton Cty. Dept. of Job & Family Servs., the Ohio Supreme Court was tasked with addressing one question: Had a...

  • When holding is (possibly) not controlling: The Ohio Supreme Court uses new way to identify plurality opinions

    Plurality opinions are frequently a bane of appellate practitioners. When there are four justices in agreement as to the outcome of the case, but not the rationale, the plurality opinion can leave good authority, but no binding precedent. In fact, without four justices joining the rationale, a plurality decision does not represent a “holding of...

  • Rescheduling oral argument at the Supreme Court (2021 edition)

    Last year, I spent some time looking at the Ohio Supreme Court’s response to motions to reschedule oral argument. There have been another few requests lately, and it is worth seeing if we can divine any potential outcomes. If you’re not up to speed on the process, the Ohio Supreme Court generally denies motions to...

  • When the General Assembly reaches back in time: Analyzing retroactive laws

    Although this appellate blog focuses primarily on civil appeals, every now and then the Ohio Supreme Court issues a noteworthy opinion in a criminal case that addresses a legal doctrine equally significant to civil attorneys and their business clients. The court’s Oct. 21, 2021, decision in State v. Hubbard is just such a criminal case....

  • Sure, the order is ‘final,’ but is it a final appealable order?

    Back in the late 1990s when I attended the University of Dayton School of Law, I had the opportunity to serve as an extern at Ohio’s Second District Court of Appeals for a few months. I remember the court administrator telling me that one focus of my externship would be helping the judges decide whether...

  • When is the ‘abuse of discretion’ standard of review actually ‘de novo’?

    An Ohio appellate practitioner has two primary questions to answer. First, “Do I have a final appealable order?” Assuming the answer to that question is yes, the second question is, “What’s the applicable standard of review?” On Sept. 22, 2021, the Ohio Supreme Court issued  Johnson v. Abdullah, which reemphasizes the importance of understanding the...

  • Aug. 31 deadline to rollover 2020 RMDs is quickly approaching

    Once a taxpayer reaches age 72 (or age 70 ½ if the taxpayer reached age 70 ½ prior to 2020), the Internal Revenue Code requires owners of most retirement accounts to withdraw minimum distributions (RMDs) from those accounts. To provide relief from the increased tax burden often associated with RMDs, the Coronavirus Aid, Relief and...

  • Ohio irrevocable trusts – Respite for trustees? Proposed legislation establishes optional process for extra-judicial claim resolution

    An advantage of an inter vivos revocable trust, which becomes irrevocable upon the settlor’s death, is that the trust typically avoids all probate court filings. However, the lack of filings with the probate court can also be a double-edged sword for trustees who wish for a swift absolution of all claims associated with an irrevocable...

  • Paycheck Protection Program closes; new FAQs on loan forgiveness released

    The Paycheck Protection Program (PPP) is now closed to new applicants. While talks on extending or changing the program have stalled on Capitol Hill, the Small Business Administration (SBA) has issued 23 more frequently asked questions specifically related to loan forgiveness. These FAQs are contained in a separate list from the previously released FAQs last updated on June...

  • Federal court muddies waters for employers navigating FFCRA leave issues

    On Aug. 3, 2020, U.S. District Court Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York vacated several significant portions of a Department of Labor (DOL) Final Rule which employers had been relying upon to administer employee leave requests pursuant to the Families First Coronavirus Response Act (FFCRA)....

  • ESOPs from the seller’s perspective

    An Employee Stock Ownership Plan (ESOP) can be a great option for small business owners looking for a tax-advantaged way to sell their business. My colleague, Greg Daugherty, recently appeared on an episode of the podcast, “The ESOP Guy: The Journey to an ESOP.” Greg spoke with host Phil Hayes about the seller’s perspective and key...

  • NFL is tackling off-duty conduct to reduce COVID-19 spread. Can your business, too?

    As the COVID-19 pandemic continues to impact businesses across the country, employers are faced with the difficult question of how to keep their workplaces safe. Some employers are attempting to restrict off-duty employee conduct to limit high-risk behavior. The National Football League (NFL) is one employer taking steps to regulate off-duty conduct to reduce risks...

  • Two new opinions address personal jurisdiction and standing under BIPA

    Two recent district court opinions addressed issues of personal jurisdiction and standing under the Illinois Biometric Information Privacy Act (BIPA). BIPA imposes a number of requirements on those who obtain a person’s biometric data, including those set forth in Section 15(a), requiring those in possession of biometric data to develop a publicly available written policy...

  • Updated guidance for lenders on the Paycheck Protection Program loan forgiveness process

    Although the federal government’s Paycheck Protection Program (PPP) is still open to applicants, borrowers who received PPP loans earlier this spring are getting ready to request that their loans be forgiven, in whole or in part. Lenders are preparing for the influx of a new round of “paperwork.” However, many questions about the program remain...

  • Hiring ex-offenders may reduce Ohio workers’ compensation liability

    In an effort to encourage private employers to hire ex-offenders, legislators in the Ohio House have introduced a bill to create an Ohio Reentry Program. The proposed bill creates a fund to reimburse employers for employing ex-offenders for at least two years. As part of the proposed legislation, the bill amends part of the workers’...

  • Will Ohio Workers’ Compensation laws change to address COVID-19 claims?

    Earlier this year, Ohio legislators introduced multiple bills to expand Ohio’s workers’ compensation laws in response to the COVID-19 pandemic. We previously reported the proposed legislation here and here. Lawmakers sought to create a presumption that certain employees, including first responders, corrections officers, food processing plant employees and retail food establishment employees, who...

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