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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Jan. 13, 2006

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

TOPICS:
- County veterans service commissions
- Evid/ Wit/ Trial - Damages - Tort Miscellaneous
- Contracts
- Fair Debt Collection Practices Act

Ohio Supreme Court

 

State ex rel. Union Cty. Veterans Serv. Comm. v. Parrott  (January 13, 2006) (2006-Ohio-92)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-92.pdf
-  County veterans service commissions - O.R.C. 5901.02 - Mandamus issued to compel judge to appoint member of commission.

First District Court of Appeals

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Kahn v. CVS Pharmacy, Inc. (January 13, 2006) (2006-Ohio-111)
-  http://www.hamilton-co.org/appealscourt/Summaries/C-040669.doc
-  The trial court erred in granting summary judgment to the defendant on a loss-of-consortium claim, where the claim was filed within the four-year statute of limitations. The trial court erred in granting summary judgment to the defendant on a punitive-damages claim, where reasonable minds could have differed about whether a pharmacy and its employees were aware that the failure to investigate a misfiled prescription had a great probability of causing substantial harm to the plaintiff's daughters, and about whether the pharmacy and its employees had consciously disregarded the safety of the girls. Where a misfiled prescription was alleged to have psychologically injured two girls, resulting in increased aggression and sexualized behavior, the injuries were subjective in nature, and expert testimony was required to establish future and permanent damages with reasonable certainty; the failure to present such testimony entitled the defendant to a directed verdict. Judgment AFFIRMED in PART, REVERSED in PART, and CAUSE REMANDED.
 
Fifth & Race Ltd. Partnership v. W. & S. Life Ins. Co. (January 13, 2006) (2006-Ohio-112)
-  http://www.hamilton-co.org/appealscourt/Summaries/C-050120.DOC
-  The trial court erred by failing to enter summary judgment in favor of the defendants in an action on a contract, when no genuine issues of material fact remained with respect to the nonoccurrence of conditions necessary to trigger a payment obligation. Judgment REVERSED and FINAL JUDGMENT ENTERED.

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

 

Todd v. Weltman, Weinberg (January 13, 2006) (Appeal from S.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0014p-06.pdf
-  Defendant Weltman, Weinberg, & Reis Co., L.P.A. appeals an August 3, 2004 collateral order of the United States District Court for the Southern District of Ohio denying Defendant's motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) against Plaintiff Robert Todd's claims under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1691 et seq., specifically violations of 15 U.S.C. §§ 1692e and 1692f. While the district court has not yet rendered final judgment, this Court reviews the collateral order of the district court denying Defendant absolute immunity. For the following reasons, we AFFIRM the district court's order.

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

 

 No Opinion.

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