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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May 8th & 9th, 2008

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

TOPICS:
- Family Law / Children
- Admiralty Law / Hague-Visby Rules
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

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In re Eicher Children (May 9, 2008)(2008-Ohio-2196)
-  http://www.sconet.state.oh.us/rod/docs/pdf/1/2008/2008-ohio-2196.pdf
-  The juvenile court did not abuse its discretion in awarding custody of the two oldest of four siblings to their paternal grandparents, when the evidence showed that the grandparents were appropriate custodians and had an appropriate home and stable employment, and when the grandparents had cared for the children for significant amounts of time in the past. A step-grandparent’s conviction for assault did not preclude placement of the two other children in the grandparents’ home under Ohio Adm.Code 5101:2-42-18(F), which states that a state children services agency cannot place children with a relative that has a conviction identified in R.C. 2151.419: R.C. 2151.419 specifies that the victim of an assault must be a child, but since the victim of the step-grandparent’s assault conviction was an adult male, that conviction did not preclude placement. Judgment AFFIRMED in part and REVERSED in part, and cause REMANDED.
 

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

 

No Opinions.
 

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

 

Royal Ins Co v. Orient Overseas (May 8, 2008)(Appeal from E.D. MI)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0175p-06.pdf
-  Plaintiffs-Appellants Ford Motor Co. (“Ford”) and its cargo insurer, Royal Insurance Co. of America (“Royal”) (collectively, “Appellants”), brought this action against Defendant-Appellee Orient Overseas Container Line Ltd. (“OOCL,” or voyage. OOCL impleaded Third-Party Defendants-Appellees M/V Canmar Pride, the carrying vessel; CP Ships (UK) Ltd.; CPS No. 3 Ltd.; and CPS No. 5 Ltd. (collectively, “Third-Party Appellees”). On September 29, 2005, the district court granted partial summary judgment for OOCL and Third-Party Appellees, ruling that Appellants’ claims were subject to the $500-perpackage liability limitation prescribed by the Carriage of Goods by Sea Act (“COGSA”), 46 U.S.C. § 30701 et seq. Both the district court and this court authorized an interlocutory appeal of that ruling, and Appellants now argue that the district court’s ruling should be reversed. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND this case for further proceedings consistent with this opinion.
 

Daily Case Updates