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Tag Archive 'open courts'

Supreme Court Hearing Due Process Arguments in Two Cases

The Ohio Supreme Court is hearing oral arguments on April 19th and 20th, 2016. The session is being held at Meigs County High School as part of the Court’s program to hold arguments off-site twice per year. The Off-Site Court Program enables students and community members to watch the Court in action, and helps to […]

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The Ohio Supreme Court recently held that R.C. 2307.92, requiring a smoker with an asbestos claim to present a diagnosis by a competent medical authority that the exposure to asbestos is a substantial contributing factor in order to avoid dismissal, did not violate the Ohio Constitution.  The plaintiff asserted that these requirements violated the plaintiff’s […]

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In re A.G., 2014-Ohio-2597 A teenager does not have a right to attend and participate in a visitation hearing under the Open Courts provision of the Ohio Constitution, Article 1, Section 16  or under due process provisions of the U.S. Constitution. Docket,Oral Argument Video,Oral Argument Summary, Opinion Summary.

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Smith v. Landfair, 2012 -Ohio- 5692, 12/6/12, This case was NOT decided on open courts provision of the Ohio Constitution, Ohio Constitution, Article I, Section 16, because the parties did not raise the issue in briefs or oral arguments.  According to the dissent, R.C. 2305.321 , the equine activities immunity statute, violates the Ohio Constitution, […]

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Ruther v. Kaiser,2012-Ohio-5685, The medical-malpractice statute of repose found in R.C. 2305.113(C) does not extinguish a vested right and thus does not violate the open courts provision, Ohio Constitution, Article I, Section 16. (Hardy v. VerMeulen, 32 Ohio St.3d 45, 512 N.E.2d 626 (1987), overruled.)

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