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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February 18, 2005

Today's topics:   § 1983, age discrimination (Ohio), Americans with Disabilities Act (ADA), COBRA, economic damages, ERISA, intentional discrimination, jury award, municipal immunity, wrongful denial of benefits

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

Ohio Supreme Court

No opinions.
 

First District Court of Appeals

State v. Shelton (February 18, 2005)
http://www.hamilton-co.org/appealscourt/        C-040380.doc
Shelton was convicted of intimidation in violation of O.R.C. § 2921.04(B).  He filed a petition for post-conviction relief which was denied.  Affirmed.

Uhlmansiek v. Salvation Army (February 18, 2005)
http://www.sconet.state.oh.us/rod/docs/pdf/1/2005/2005-ohio-652.pdf
Uhlmansiek won a jury verdict in a personal injury case against the defendants, but the trial court granted a motion to reduce the amount based on monies advanced to the plaintiff before trial for medical bills.  Uhlmansiek objected to the reduction and moved for a new trial.  The trial court denied the motion.  Reversed and remanded.

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

Dillery v. City of Sandusky (February 18, 2005) (Appeal from N.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0079p-06.pdf
Dillery was stopped by Sandusky police, and arrested, for riding her wheelchair in the street because, Dillery alleged, the sidewalk curbs were poorly maintained.  Dillery sued the city, alleging discrimination because of her disability, under the Americans with Disabilities Act (ADA), Rehabilitation Act, § 1983, and Ohio state law.  The district court granted summary judgment to the defendants and Dillery moved for reconsideration.  The trial court granted her motion in part, although finding that her request for injunctive relief was moot.  The defendants appealed, and Dillery cross-appealed court's denial of costs and attorneys fees.  Affirmed.

Minadeo v. ICI Paints d/b/a The Glidden Company (February 18, 2005) (Appeal from N.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0080p-06.pdf
Minadeo sued Glidden under the Employment Retirement Insurance Security Act (ERISA) and state age discrimination law.  The district court granted Glidden summary judgment on all but one claim, which it dismissed as not properly raised in the complaint.  Affirmed in part, but reversed on the claim relating to ERISA § 1060 relating to being credited for service with prior employer.
 

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

In re:  Specker Motor Sales, Inc. (February 18, 2005) (Appeal from W.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0081p-06.pdf
Specker declared Chapter 11 bankruptcy and hired Donald Bays as bankruptcy counsel on retainer.  Bays was given about 10% of his retainer - his pro rata share of the administrative claimants -  and the district court required him to disgorge the remainder of his retainer from the estate.  Bays appealed.  Affirmed.

Simon v. Pfizer, Inc. (February 18, 2005) (Appeal from W.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0078p-06.pdf
Simon sued Pfizer on four counts, relating to benefits from his employer, under ERISA and COBRA.  Pfizer moved to dismiss, alleging Simon had failed to exhaust administrative remedies, specifically arbitration outlined in the benefits agreement.  The district court denied the motion.  Affirmed that ERISA and COBRA claims not subject to arbitration, but reversed on arbitration of wrongful denial of benefits, and remanded.
 

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