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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March 15, 2005

Today's topics:  civil procedure (Fed): jurisdiction, contract rescission, First Amendment retaliation, insurance coverage, material misrepresentation, Medicaid, mutual mistake, paternity, reimbursement of out-of-pocket expenses

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

Ohio Supreme Court

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First District Court of Appeals

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

No opinions.

** UNPUBLISHED OPINIONS **
Available at the Library

Naples v. Lowellville Police Dept. (March 7, 2005) (Appeal from N.D. Ohio)
Case No. 03-4131
Plaintiff, a part-time reserve police officer, signed an affidavit used in support of a motion to disqualify a prosecutor in a criminal case against James Traficant. After a newspaper published information about the affidavit, Naples was removed from the duty schedule. Contemporaneously, an investigation of a complaint charging Naples with police brutality occurred, but found Naples acted appropriately. When Naples wasn't returned to the schedule, he sued, alleging wrongful, discriminatory, and retaliatory suspension and denial of free speech. Naples was then terminated. The district court granted summary judgment. Affirmed.
 

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

Schott v. Olszewski (March 15, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0132p-06.pdf
Schott and Levy individually filed for coverage from Michigan's Medicaid program for emergency hospitalization and other medical bills. Levy's first application was denied. Levy, while awaiting approval of her second application, paid for some bills herself. Medicaid refused to reimburse her for out-of-pocket expenses, and Levy sued, arguing that Medicaid failed to promptly pay outstanding bills and failed to reimburse expenses prior to being deemed eligible. The district court ordered the state agency to reimburse Levy, but with several limitations. Both Levy and the agency appeal the district court judgment. Affirmed direct reimbursement, because reasonable to do so when expenses incurred during 3 month application approval process but holding only applies to applicants who first are denied but who, on reapplication, are approved; but reversed limitations, including a restriction that reimbursement only be for expenses paid by Levy, rather than other entities on her behalf, and the restriction that she only be reimbursed at the Medicaid rate.

** UNPUBLISHED OPINIONS **
Available at the Library

BFM Leasing Co. v. Philadelphia Indemnity Ins. Co. (March 10, 2005) (Appeal from E.D. Tenn.)
Case No. 03-6528
BFM sued PII for rescission or performance on an insurance contract and appealed summary judgment in PII's favor. The district court held that it would not rescind the insurance contract based on mutual mistake. Affirmed, although district court erred in finding that "mutual mistake" must go to understanding of terms of contract, and not also material facts underlying the contract.

Lommen v. McIntyre (March 10, 2005) (Appeal from E.D. Mich.)
Case No. 03-2313
McIntyre and Lommen had an extramarital affair and McIntyre bore a son. McIntyre divorced, then married Lommen who then sought to establish paternity. Lommen asked the district court to declare that he is the "natural father", that the relationship between him and his son is Constitutionally protected, and to order McIntyre's former husband not to interfere. District court dismissed for lack of subject matter jurisdiction. Affirmed, because there is no constitutional right to have paternity determined by a federal court.

Zion Christian Church v. Brotherhood Mutual Ins. (March 8, 2005) (Appeal from E.D. Mich.)
Case No. 03-2396
Church sought insurance coverage, including "sexual acts" liability coverage. The coverage was granted and 2 law suits were later filed against the church. The insurer denied coverage, and the church filed suit, seeking declaratory judgment. Both sides filed motions for summary judgment, and the district court granted the insurer's motion. It found that, although fraud was usually a question for the jury, BMIC would not have provided the insurance coverage had the church not materially misrepresented answers regarding the sexual acts liability policy. Affirmed, finding no duty to indemnify nor to defend. 

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