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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June 1, 2005

Today's topics: 
- Civil: Sanctions
- Criminal: Plea agreement appeal waiver
- Divorce: college expenses, spousal support
- DUI: field sobriety tests, probable cause
- ERISA: Individual liability of shareholders
- Labor: Alter ego doctrine, corporate veil

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

Ohio Supreme Court

Shell v. Ohio Veterinary Med. Licensing Bd. (June 1, 2005) (2005-Ohio-242)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-2423.pdf 
The five-day-written-notice requirement set forth in R.C. 4741.26(A) applies to all Veterinary Medical Licensing Board inspections of businesses connected with the practice of veterinary medicine, even inspections related to investigations.

First District Court of Appeals

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Levin v. Levin (June 1, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040402.pdf 
The Levins sought a divorce and the husband appealed a magistrate's determination of spousal support, because he needed to pay for a child's college education. The trial court entered an order requiring the wife to pay for half of the child's education, which was incorporated into the divorce decree. The wife appealed. REVERSED, because there was no agreement that the wife would pay, and there was no duty the trial court could enforce that she pay college expenses beyond the age of majority.

State v. Crawford (June 1, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040657.pdf 
Crawford appealed marijuana trafficking conviction. AFFIRMED, frivolous appeal.

State v. DeJohn (June 1, 2005)
http://www.hamilton-co.org/appealscourt/Decisions/C-040227.pdf 
DeJohn was arrested for DUI and moved to suppress evidence of field sobriety tests, which was granted, although the trial court found that the police officer had probable cause. DeJohn pled no contest and appealed. AFFIRMED.

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

No opinions.
 

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

Int'l Union, United Auto. Aerospace and Agric. Implement Workers of America v. Aguirre (June 1, 2005) (Appeal from E.D. Mich.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0236p-06.pdf 
Union workers sued the shareholders of their employer for ERISA, Labor Management Relations Act, and WARN Act violations. The employer signed a collective bargaining agreement with the Union and, when it filed bankruptcy, the Union claimed unpaid benefits and dues on behalf of its members. Because they were barred by bankruptcy code automatic stay provisions, they argued that the defendants were personally liable for the damages caused by the violations. The district court granted summary judgment to the defendants and a motion for sanctions. The Union appealed. AFFIRMED.

United States v. Luebbert (June 1, 2005) (Remand from US Supreme Court)
http://www.ca6.uscourts.gov/opinions.pdf/05a0235p-06.pdf 
The US Supreme Court vacated Luebbert's conviction and remanded for reconsideration in light of US v. Booker. Luebbert pled out and appealed his waiver of appeal. DISMISSED, because appeal has been waived by plea agreement.

Daily Case Updates