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 or 2006.

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January 28, 2005

Today's topics:  breach of contract, copyright, diversity, estates, employment, indemnification, interpleader, promissory estoppel, real estate, warranty deed

Ohio Supreme Court

No Opinions
 

First District Court of Appeals

Kohlbrand v. Ranieri (January 28, 2005)
http://www.sconet.state.oh.us/rod/newpdf/1/2005/2005-ohio-295.pdf
The Kohlbrands purchased a lot from the Ranieris, and discovered an undisclosed pipeline under the property.  They sued and the Ranieris brought in Monfort Supply Company who, in its conveyance of the property to the Ranieris, had issued a general warranty.  The Ranieris were granted summary judgment against Monfort, requiring them to indemnify the Ranieris.  Monfort appealed the summary judgment ruling.  Affirmed.
 

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

Ventura v. Cincinnati Enquirer (January 28, 2005) (appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0043p-06.pdf
Ventura sued the Enquirer on a number of grounds, including breach of contract, after the allegedly Enquirer disclosed his identity to a grand jury.  Ventura, while assisting a former reporter who was being investigated by the grand jury, illegally accessed a corporate voice mail system.  The district court granted summary judgment to the Enquirer.  Affirmed.

United States v. Jenkins (January 28, 2005) (appeal from N.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0044p-06.pdf
Jenkins and his co-defendant were granted their motion to suppress evidence obtained during two searches.  The government appealed, arguing that the court erred because the evidence was admissible under the independent source doctrine.  Reversed and remanded.
 

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

Broadcast Music, Inc. v. Roger Miller Music, Inc. (January 28, 2005) (appeal from M.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0042p-06.pdf
Roger Miller sang country songs, licensed by Broadcast Music.  When the copyright was renewed after Miller's death, his daughter was entitled to royalties.  Broadcast Music filed an interpleader action to determine how much was owed to each party.  Miller's daughter claimed 12.5%, but Roger Miller Music, which held the copyright interests of Miller's widow and other surviving children, claimed it was only 7.14%.  The district court granted the daughter summary judgment.  Roger Miller Music appealed.  Reversed, granting summary judgment to Roger Miller Music, and remanding for distribution of interpleaded funds.
 

Daily Case Updates