Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 , 2006 , 2007 , 2008 , 2009 , 2010 , 2011.

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December 18th & 19th, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Motion - filing time
- False Claims Act
- Qualified immunity
- Pregnancy Discrimination Act
 

Ohio Supreme Court

 

A. Schulman, Inc. v. Wilkins (Dec. 19, 2006) (2006-Ohio-6677)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-6677.pdf
-  In this appeal and cross-appeal from a Board of Tax Appeals ("BTA") decision, appellee and cross-appellant Tax Commissioner has filed a motion to dismiss appellant A. Schulman, Inc.'s appeal. That motion rests on appellant's failure to file the notice of appeal with the BTA itself within the 30- day period for perfecting an appeal. Appellant's notice of appeal was timely filed with this court, but a copy of that notice was not filed with the BTA itself until 41 days after the BTA issued its decision. Motion to dismiss granted.
 

First District Court of Appeals

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No Opinions.
 

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

Baker v. Taylor (Dec. 18, 2006) (Appeal from S.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0461p-06.pdf
-  Plaintiffs Troy Baker and Jesse Snader appeal an order of the district court granting summary judgment in favor of defendants Eric Taylor and the City of Hamilton on plaintiffs' constitutional claims of excessive force and Ohio common-law claim for assault and battery. On appeal, plaintiffs have abandoned their claims against the City of Hamilton and argue only that the district court erred in concluding that Officer Taylor did not violate their constitutional rights, in holding that Officer Taylor is entitled to qualified immunity from plaintiffs' claims, and in dismissing their claims of assault and battery against Officer Taylor. For the reasons below, we reverse the district court's entry of summary judgment in favor of defendant Taylor and remand for further consideration. We affirm the summary judgment entered in favor of defendant City of Hamilton.

Asmo v. Keane Inc (Dec. 18, 2006) (Appeal from S.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0462p-06.pdf
-  Susan Asmo (Asmo) claimed that the defendant Keane, Inc. (Keane) terminated her employment because she was pregnant, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e(k), and analogous provisions of Ohio Rev. Code, Chapter 4112. The district court granted summary judgment for the defendant Keane, and Asmo appealed. For the reasons set forth below, we find that the district court erred in granting defendant Keane summary judgment, and we remand for further proceedings.

Sanders v. Allison Engine Co (Dec. 19, 2006) (Appeal from S.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0460p-06.pdf
-  This case is the consolidation of two False Claims Act suits alleging fraud in the negotiation and execution of subcontracts relating to the construction of United States Navy Arleigh Burke-class Guided Missile Destroyers. The first action (referred to by the parties as the "Quality Case") alleges that the defendants submitted claims for payment despite knowing that the Gen-Sets did not conform to contract specifications or Navy regulations, in violation of the False Claims Act, 31 U.S.C. § 3729(a)(1)-(3).The decision of the district court in the Quality Case is REVERSED and the case is REMANDED for proceedings not inconsistent with this opinion. The decision of the district court in the Pricing Case is AFFIRMED.
 

U.S. Sixth Circuit Court of Appeals: Other States Cases

 

No Opinions.