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 , 2006 , 2007 , 2008 , 2009 , 2010.

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June 13, 2006

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

TOPICS:
- Public records * Exemptions
- ERISA - disability benefits
- Habeas corpus - ineffective assistance
 

Ohio Supreme Court

 

State ex rel. Dann v. Taft (June 13, 2006) (2006-Ohio-2947)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-ohio-2947.pdf
-  Public records * Exemptions * O.R.C. 149.43(A)(1)(v) * Executive privilege * Formal assertion by governor of qualified gubernatorial-communications privilege to withhold from disclosure certain confidential communications * Relator must show particularized need and explain why that need outweighs qualified privilege * In camera review of records required to determine whether need outweighs privilege * Governor ordered to submit requested documents for review.
 

First District Court of Appeals

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No Opinion.
 

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

 

No Opinion.
 

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

 

Smith v. Cont Cslty Co (June 13, 2006) (Appeal from E.D. Kentucky)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0194p-06.pdf
-  Smith appeals the district court's grant of judgment in favor of defendants-appellees Continental Casualty Company (CCC), et al. Smith filed this action following CCC's denial of her claim for short term disability benefits. CCC, a benefit plan established pursuant to ERISA, 29 U.S.C. § 1001, issued a policy for disability benefits to Smith's Employer, Countrywide Credit Industries (Countrywide). Following years of treatment for multiple medical complaints, Smith filed a claim for short term disability benefits. CCC denied Smith's application, deciding that the medical documentation did not support a finding of disability. After exhausting her administrative remedies, Smith appealed the administrator's decision to the district court. The district court upheld the decision of the plan administrator, and granted defendant's motion for summary judgment. Following oral argument and a review of the record, we find that CCC's denial of disability benefits was arbitrary and capricious. Therefore, this case is remanded to the district court for the entry of an order requiring CCC to provide a full and fair review of Smith's disability claim.

Slaughter v. Parker (June 13, 2006) (Appeal from W.D. Kentucky)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0195p-06.pdf
-  Respondent Phil Parker, a warden, appeals the district court's order granting James E. Slaughter, a.k.a. Jeffrey Leonard, a writ of habeas corpus on grounds of ineffective assistance of trial counsel. Slaughter, in turn, appeals the district court's denial of habeas relief on all other grounds asserted by Slaughter. We REVERSE the district court's grant of habeas relief on the basis of ineffective assistance of counsel, we AFFIRM the district court's denial of relief on all other grounds and we DENY Slaughter's motion to supplement the record.
 

Daily Case Updates