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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April 12, 2005

Today's topics: Attorneys Fees, Breach of Contract, Civil Procedure, Pre-/Post-Judgment Interest, Teacher Tenure

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

Scotts Co. v. Central Garden & Pet Co. (April 12, 2005) (Appeal from S.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0171p-06.pdf 
John P. Gilligan, Daniel M. Anderson (Schottenstein Zox & Dunn), for appellant CG&P; David S. Cupps, William J. Pohlman (Vorys Sater Seymour & Pease), for appellee Scott
Scott sued Central for breach of contract, and was cross-sued by Central for breach of contract, promissory estoppel, and fraudulent misrepresentation. The district court granted Scott summary judgment on Central's breach and estoppel claims, and partial summary judgment on the misrepresentation claim. A jury awarded significant damages to both Scotts and Central. Central appealed the judgment and Scotts cross-appealed the calculation of interest and denial of attorney fees. Affirmed in part, but reversed in part, vacating pre-judgment interest calculation (Ohio rate is correct one) and finding the district court incorrectly set the date at which post-judgment interest began to accrue. 
 

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

Pennycuff v. Fentress Co. Bd. of Educ. (April 12, 2005) (Appeal from M.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0172p-06.pdf 
Pennycuff was hired as a high school principal, non-tenure, although he'd been a tenured teacher in another school district before taking the position. The Board of Education did not ratify an attempt to transfer Pennycuff's tenure, although he was treated as a tenured teacher. Pennycuff was put on the "don't rehire" list and terminated. He sued under § 1983 and asserting that his dismissal violated his tenure rights and was retaliatory. The district court granted his motion for partial summary judgment as to his tenure. On appeal, the appeals court reversed. On remand, the district court granted summary judgment to the defendants. Affirmed.

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