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 6, 2006

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

TOPICS:
- Riparian rights
- Employment Discrimination
 

Ohio Supreme Court

 

Portage Cty. Bd. of Commrs. v. Akron (March 6, 2006) (2006-Ohio-954)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-954.pdf
-  Riparian rights * Municipal water supplies * Dam owner's duty to release water to downstream users * Statute purporting to grant exclusive rights to river water * Prohibition of public recreational use of city-owned reservoir.
 

First District Court of Appeals

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No Opinion.
 

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

 

McClain v. Northwest Community  (March 6, 2006) (Appeal from N.D. Ohio)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0086p-06.pdf
-  McClain sued NorthWest in federal district court. She claimed that NorthWest had violated her right to due process under state law and under the Federal Constitution, discriminated against her in her terms of employment on account of her race and gender, and fired her for complaining about her disparate pay. The district court held that McClain was entitled to notice and a hearing prior to her termination under state law but that state law did not create an implied private right of action. The district court also ruled that McClain's right to due process under state law did not create a property interest protected by the Federal Constitution. The district court later granted NorthWest summary judgment on all of McClain's discrimination and retaliation claims. McClain now appeals, arguing four contentions: (1) Ohio law provides an implied private cause of action for violation of the applicable state regulation, (2) her right under Ohio law to due process creates a property interest that is protected by the Federal Constitution, (3) her disparate treatment claims (one for disparate pay and one for termination) should have survived NorthWest's motion for summary judgment, and (4) her retaliation claims should have survived NorthWest's motion for summary judgment. We affirm in part and reverse in part. Summary judgment was warranted in favor of NorthWest as to McClain's state and federal due process claims. However, summary judgment was not warranted on McClain's discrimination claims or her retaliation claims.
 

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

 

No Opinion.
 

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