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 28, 2005

Today's topics:  court discretion to deny motion for leave to amend, enforcement of settlement agreement, habeas relief: statute of limitations, immigration: evidence

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

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*** UNREPORTED ***
Available at the Library

Bobonik v. Medina Gen'l Hosp. (March 24, 2005) (Appeal from N.D. Ohio)
Case No. 03-4023
Steven W. Mastrantonio, plaintiff; Melanie M. Nealis, Joel R. Hlavaty (Frantz Ward), defendant
Bobonik suffered a back injury while working as a nurse at defendant hospital. She filed a workers' compensation claim. Subsequently, before the claim was resolved, she filed suit for alleged violations of the Americans with Disabilities Act and Ohio common law, related to her back injury. The parties settled and the case was dismissed. The defendant asked the court to enforce the settlement agreement, which they argued included a dismissal of Bobonik's workers' comp. claim.  Bobonik disagreed, but the district court ordered enforcement. Vacated and remanded for evidentiary hearing on whether Bobonik and hospital agreed to settle her entire workers' comp. claim.

Cicchini v. Blackwell (March 24, 2005) (Appeal from N.D. Ohio)
Case No. O4-3203
Andrew J. Michaels, Daniel J. McGowan, Sr., for Cicchini; Elise W. Porter, Office of the Atty Gen'l of Ohio
Cicchini's ex-wife sued for breach of contract and he lost at the trial court, won at the appeals court, and then the jury verdict against him was reinstated by the Ohio Supreme Court. He sued the Ohio Secretary of State and various Ohio lawyers groups, including the Ohio Academy of Trial Lawyers, who contribute money to judicial campaigns and who had filed an amicus brief on behalf of his ex-wife (see http://www.sconet.state.oh.us/rod/newpdf/0/2000/2000-ohio-7.pdf). After filing the complaint, Cicchini moved to amend his complaint. The district court denied the motion, then granted Blackwell's motion for judgment on the pleadings, dismissing the case. Cicchini appealed denial of his motion for leave to amend. Affirmed, because, although the district court abused its discretion in denying the motion for leave to amend without explanation, it was harmless error.
 

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

Allabani v. Gonzales (March 28, 2005) (Appeal from INS (MI))
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0147p-06.pdf 
Maria Baldini-Potermin, Scott D. Pollock & Assoc., petitioner; Michele Y. F. Sarko, US DOJ.
Allabani appealed denial of asylum request, as well as the denial of his motion to reopen deportation proceedings. Affirmed, because immigration judge's finding that Allabani failed to provide evidence of his political affiliations on which his asylum request was based, and that he failed to show evidence to support his alleged fear of persecution. Motion to reopen properly denied because the evidence was available at first hearing and should have been introduced then.

*** UNREPORTED ***
Available at the Library.

Fisher v. Smith (March 24, 2005) (Appeal from E.D. Mich.)
Case No. 04-1575
Craig A. Daly, for Fisher; Brad H. Beaver, Asst. Atty. Gen'l., Michigan
Fisher, convicted of murder in Michigan, filed for habeas corpus relief and was denied. Affirmed, although statute of limitations on habeas petition was equitably tolled, Fisher didn't show ineffective counsel prejudiced outcome.

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