Amicus Spreadsheet

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					                                                                                                                                        Link to Brief
Year   Case                                     Citation             Issue                                                              (after 12/1/06) OACTA Firm                                OACTA Writer                  Outcome
                                                                     Is amendment to R.C.2125.02 (wrongful death damages) to
1984   French v Dwiggins                        9 Ohio St. 3d 32     be applied to all cases tried after effective date?                                 Porter Wright                            Terry Miller                  Unsuccessful
                                                                                                                                                         Gallagher Sharp Fulton & Norman and      John B. Robertson, Jeffrey
1984   Willoughby Hills v. Cincinnati Ins. Co   9 Ohio St. 3d 177    Duty to Defend issues                                                               Lane Alton & Horst                       Hutson and Jeffrey Boyd       Unsuccessful
                                                                     Whether landlord has a duty, at common law or by virtue of
                                                                     R.C. 5321.04(A)(3), to keep common areas of the leased
1986   LaCourse v. Fleitz                       28 Ohio St. 3d 209   premises free of accumulated ice and snow.                                          Arter & Hadden                           Eric Zagrans                 Successful
                                                                                                                                                                                                  Margaret Joyce, Irene Keyse-
1991   Elek v. Huntington National Bank         60 Ohio St. 3d 135                                                                                       Arter & Hadden                           Walker, John Lewis
                                                                                                                                                                                                  Jane Lynch & Francis
1992   Motorists Mutual Ins. Co. v Said         1992-Ohio-94         Standards for bad faith claims                                                      Freund Freeze & Arnold                   McDaniel
                                                                     Constitutionality of R.C. 2317.45, (Collateral Source                                                                        Ronald Rispo & William
1992   Sorrell v. Thevenir                      1994 Ohio 38         limitations) of 1987 Ohio Tort Reform                                               Weston Hurd Fallon Paisley & Howley      Baughman                     Unsuccessful
                                                                     Does a homeowner owe duty to remove natural
                                                                     accumulation of ice and snow on sidewalks or to warn of                                                                      Charles Brant, Steven
1993   Brinkman v Ross                          1993-Ohio-72         their presence                                                                      Isaac, Brant, Ledman & Teetor, LLP       LaForge & Barbara Letcher     Successful
                                                                     Does a single limit or a per occurrence limit apply in
1993   Garlikov v. Continental Casualty Co.     1993-Ohio-106        uninsured/underinsured claims for wrongful death                                    Dinsmore & Shohl                         Stephen K. Shaw               Unsuccessful
                                                                                                                                                                                                  Stuart M. Gordon, Kevin E.
                                                                                                                                                                                                  Griffith and Christopher C.
1994   Cosgrove v Williamsburg of Cincinnati    1994-Ohio-295        Statute of limitations for sex discrimination                                       Porter Wright                            Russell
                                                                                                                                                                                                  Grant Cowan & Gregory
1994   Horton v. Addy                           1994-Ohio-353        Physician-patient privilege during discovery in civil suit                          Frost & Jacobs                           Keyser
                                                                     When cause of action for exposure to toxic substance
1994   Liddell v. SCA Services                  1994-Ohio-328        accrues                                                                             Arter & Hadden                           Irene C. Keyse-Walker
                                                                                                                                                                                                  Irene C. Keyse-Walker, Mark
                                                                     Interpretation of Evid R. 407 - Subsequent Remedial                                                                          F. McCarthy and Sonali
1994   McFarland v. Bruno Machinery             1994-Ohio-62         Measures in product liability cases                                                 Arter & Hadden                           Bustamante Wilson
1994   Newman v United Ohio Ins                 1994-Ohio-507        Stacking of coverage issue                                                          Hamilton, Kramer, Myers & Cheek          James R. Gallagher
                                                                                                                                                                                                  William Todd and Terri-Lynne
1994   Petratos v Markakis                      1994-Ohio-391        Hospital liability for staff physician's malpractice                                Squre Sanders & Demsey                   Smiles                       Successful
                                                                                                                                                                                                  Ronald A. Rispo and William
1994   Sorrell v. Thevenir                      1994-Ohio-38         Collateral source                                                                   Weston, Hurd, Fallon, Paisley & Howley   H. Baughman, Jr.
                                                                                                                                                                                                  Timothy D. Johnson, William
                                                                                                                                                                                                  H. Baughman, Jr., Robert D.
                                                                                                                                                                                                  Rosewater and Gregory E.
1994   Zoppo v. Homestead Ins. Co.              1994-Ohio-461        Standards for bad faith claims                                                      Weston, Hurd, Fallon, Paisley & Howley   O'Brien
1995   Hack v Gillespie                         1996-Ohio-167        Liability of property owner to fire fighter                                         Arter & Hadden                           Kristen L. Mayer
                                                                     Whether negligent infliction of severe emotional distress is
1995   Heiner v. Moretuzzo                      1995-Ohio-65         actionable absent physical peril                                                    Duvin, Cahn, Barnard & Messerman         Barton A. Bixenstine
1995   Horton v. Harwick Chem. Corp.            1995-Ohio-286        Causation issues for asbestos exposure claims                                       Nationwide                               Ronald G. Rossetti, Jr.
                                                                                                                                                                                                  Irene C. Keyse-Walker, Mark
1995   McAuliffe v Western State Import         1995-Ohio-201        Statue of limitation for statutory product liability claims                         Arter & Hadden                           F. McCarthy
                                                                                                                                                                                                  Timothy D. Johnson, Gregory
                                                                                                                                                                                                  E. O’Brien and Daniel A.
1996   Cole v. Holland                          1996-Ohio-105        Underinsured motorist issues                                                        Weston, Hurd, Fallon, Paisley & Howley   Richards
1996   Dresher v. Burt                          1996-Ohio-107        Summary judgment standards                                                                                                   Dale E. Creech, Jr.
                                                                                                                                                                                                  Timothy Johnson & Gregory
1996   Gyori v. Johnson Coca-Cola Bottling Group 1996-Ohio-358       Standards for rejection of UIM coverage by businesses                               Weston Hurd Fallon Paisley & Howley      O'Brien
                                                                                                                                                                                                  Stephen K. Shaw and Sara
1996   Roberts v. Ohio Permanente Medical Group 1996-Ohio-375        Loss of chance                                                                      Dinsmore & Shohl                         Simrall Rorer
1997   Holt v. Grange Mutual Cas. Co.           1997-Ohio-375        Wrongful death UIM issues                                                           Fauver, Tattersall & Gallagher           Kurt D. Anderson
1998   Chambers v St Mary's School              1998-Ohio-184        Is violation of Ohio Building Code negligence per se?                               Buckingham, Doolittle & Burroughs        Scott A. Richardson


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                                                                                                                                                 Link to Brief
Year        Case                                           Citation           Issue                                                              (after 12/1/06) OACTA Firm                                          OACTA Writer                   Outcome
                                                                              Effect of statutory changes on UIM coverage already in                             Vogelgesand, Howes, Lindamood & Brunn,
1998        Ross v. Farmers Ins. Group of Cos.             1998-Ohio-381      effect                                                                             P.L.L.,                                             James P. Hanratty           Unsuccessful
1999        Freshwater v. Scheidt                          1999-Ohio-161      Use of treatises by expert witnesses                                               Buckingham, Doolittle & Burroughs, L.L.P.           Carol A. Costa
                                                                              Are supervisors jointly and severally liable with employer for                                                                         Charles C. Warner, David A.
1999        Genaro v. Central Transport                    1999-Ohio-353      discrimination claims                                                              Porter, Wright, Morris & Arthur                     Bell and Margaret M. Koesel
1999        Hamilton Ins Servs. V. Nationwide Ins. Co      1999-Ohio-162                                                                                         Crabbe, Brown, Jones, Potts & Schmidt               Margaret M. Koesel,
                                                                              Landlord liability for building code violations existing without
1999        Sikora v. Wenzel                               2000-Ohio-406      landlord's knowledge                                                               Buckingham, Doolittle & Burroughs, L.L.P.           Jacqueline Marks Dossi
            State ex rel Ohio Academy of Trial Lawyers
1999        v Sheward                                      1999-Ohio-123      Constitutionality of 1997 Tort Reform                                              Arter & Hadden, L.L.P.                              Irene C. Keyse-Walker
1999        Wightman v Conrail                             1999-Ohio-119      Punitive Damage issues                                                             Buckingham, Doolittle & Burroughs, L.L.P.           Scott A. Richardson
            Howard Johnson v Green County Drug                                Appealability of order denying immunity to government                                                                                  Nicholas E. Subashi and
2000        Task Force                                     2001-Ohio-251      employee                                                                           Law Offices of Nicholas E. Subashi                  David J. Arens
2000        Mossing v State Farm                           2000-Ohio-454      UIM issues related to exhaustion of coverage                                       Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P.   James R. Gallagher
            Ormet Primary Aluminum Corp. v.                                                                                                                                                                          Larry H. James and Amy
2000        Employers Ins of Wausau                        2000-Ohio-330      When notice of environmental claim must be given to carrier                        Crabbe, Brown, Jones, Potts & Schmidt               Fulmer Stevenson
2001        Andersen v. Highland House Co.                 2001-Ohio-1607     Coverage for Carbon Monoxide poisoning in apartment                                Baker, Dublikar, Beck, Wiley & Mathews              James P. Hanratty
2001        Goodin v Columbia Gas                          2001-Ohio-143      Blankenship Issue                                                                  Buckingham, Doolittle & Burroughs,                  Scott Richardson
                                                                                                                                                                                                                     W. Charles Curley and
2002        Ferrando v Auto Owners                         2002-Ohio-7217     When does a breach of duty to notify carrier bar claim                             Keener, Doucher, Curley & Patterson,                Jenifer J.Murphy
                                                                              How settlement with tortfeasor affects claims for
2002        Fulmer v. Insura Prop & Cas. Co.               2002-Ohio-64       underinsured benefits.                                                             Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P.   James R. Gallagher
                                                                              Does Open and Obvious doctrine bar premises liability
2003        Armstrong v. Best Buy                          2003-Ohio-2573     claim?                                                                             Fauver, Keyse-Walker & Donovan, L.P.A.              Kurt D. Anderson               Successful
2003        Grange v Tumbleson                             2004 -Ohio- 4524   Inferred intent                                                                    Rendigs, Fry                                        Jonathon Saxton                Jurisdiction declined
2002        Kemper v Michigan Millers Mutual Ins, Co.      2002-Ohio-7101     Applicability of Linko Rules to post HB 261 policies                               Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P.   James R. Gallagher             Unsuccessful
                                                                                                                                                                                                                     Douglas R. Dennis &
2003        Layne v Progressive                            2004-Ohio-6597     PJI on Settlements                                                                 Frost Brown Todd L.L.C.                             Maureen P. Haney               Successful
                                                                                                                                                                                                                     Tabitha Justice, Lynnette
2003        Yates v Mansfield BOE                          2004-Ohio-2491     School board immunity                                                              Subashi, Wildermuth                                 Ballato                        Unsuccessful

2003        Garg v State Auto                              2004-Ohio-1293     Modification of Boone v Vanliner                                                   Gallagher, Gams                                     Jim Gallagher                  Jurisdiction declined
                                                                                                                                                                                                                     Timothy P. Heather, and
2004        Henderson v Lawyer's Title                     2006-Ohio-906      Arbitration Clause enforceability                                                  Benjamin, Yocum, & Heather, L.L.C.                  Brian A. Lee                   Unsuccessful
                                                                               Effect of "legally entitled to recover" in UM/UIM statute,
                                                                              where insured does not sue the tortfeasor within the 2-year                                                                            Daniel A. Richards and
2004        Ponser v. St. Paul Fire & Marine Ins. Co.,     2004-Ohio-7105     statute of limitations for personal injury claims                                  Weston, Hurd, Fallon, Paisley & Howley, L.L.P.      Warren Rosman                  Successful
2005        Comer v Risko                                  2005-Ohio-4559     Vicarious hospital liability                                                       Tucker & Ellis, L.L.P.                              Irene C. Keyse-Walker          Successful
                                                                              Is termination of attorney-client relationship dependant upon
2005        Smith v Conley                                 2006-Ohio-2035     filing of motion to withdraw under local rule of court?                            Gallagher Sharp                                     Timothy J. Fitzgerald          Successful
            State ex rel Int't Heat & Frost Insulators &
            Asbestos Workers Local #3 v. Court of
2005        Common Please                                  2006-Ohio-274                                                                                         Tucker Ellis & West LLP                             Irene C. Keyse-Walker          Successful
                                                                                                                                                                                                                     Ronald Rispo & Dan
2005-0998 Robinson v Bates                                 2006-Ohio-6362     Collateral source                                                                  Weston Hurd                                         Richards                       Successful
                                                                              Whether political subdivision and co-worker immunities
                                                                              prevent a UM claim, where the policy uses pre-SB 97 “legally NOT
2006-0223 Snyder v American Family                         2007-Ohio-4004     entitled to recover” language.                               AVAILABLE             Weston Hurd                                         Carol Metz & John Farnan       Successful
                                                                                                                                           NOT
2005-2130 State ex rel Russo v. McDonnell                  2006-Ohio-3459     Use of private judge in jury trials                          AVAILABLE             Weston Hurd                                         Greg O'Brien                   Unsuccessful
                                                                              Whether appeal of jury award on injury claim must await
                                                                              determination of motion for prejudgment interest before      NOT                                                                       Doug Dennis & Bill Paliobeis
2006-0373 Miller v. First International Fidelity           2007-Ohio-2457     becoming appealable.                                         AVAILABLE             Frost Brown & Todd                                                                 Unsuccessful

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                                                                                                                                      Link to Brief
Year       Case                                    Citation         Issue                                                             (after 12/1/06) OACTA Firm                                    OACTA Writer                Outcome

                                                                    Impact of Nursing Home Patient's Bill of Rights on political  NOT                                                               Subashi, Wildermuth &
2005-1629 Cramer, Adm. v. Auglaize Acres           2007-Ohio-1946   subdivision immunity; scope of ““discretionary act”” immunity AVAILABLE           Subashi, Wildermuth & Ballato                 Ballato                     Unsuccessful

                                                                    Requirement of expert for causation in claims of mold             NOT                                                                                       Successful: proximate cause of mold-
2006-0705 Terry v. Ottawa County MRDD              2007-Ohio-5023   exposure                                                          AVAILABLE       Curry, Roby, Schoenling & Mulvey Co, LLC Lynn Schoenling                  related injuries requires expert testimony
                                                                    Certified questions from federal court re: constitutionality of                                                                 Ronald Rispo & Dan
                                                                    S.B. 80 (OACTA Board voted to participate as amicus only                                                                        Richards (Weston Hurd)      Successful: S.B. 80 ruled constitutional.
                                                                    on questions 3 & 4, i.e., RC 2315.20 (collateral source) and                                                                    Jacob H Huebert (Porter     However, Court did not decide collateral
2006-1212 Arbino v. Johnson & Johnson              2007-Ohio-6948   RC 2315.21 (punitive damages)                                     BRIEF           Weston Hurd and Porter Wright Morris & Arthur Wright)                     source question.

                                                                                                                                                                                                                                Successful: in attorney malpractice
                                                                    Is plaintiff's recovery in legal malpractice case limited to what                                                                                           claims, the collectability of a lost judgment
2006-1811 Paterek v Petersen & Ibold               2008-Ohio-2790   could have been recovered from original tortfeasor                BRIEF           Reminger & Reminger                           Nick Satullo                is an element of plaintiff’s damages.

                                                                                                                                                                                                                                Successful: Trial court must independently
                                                                                                                                                                                                                                review a punitive damage award under the
                                                                                                                                                                                                                                criteria set by the U.S. Supreme Court in
                                                                                                                                                                                                                                BMW v. Gore, i.e., reprehensibility, ratio of
                                                                    Is $3 million in punitive damages excessive when                                                                                                            award to actual damages, and other
2007-0140 Barnes v University Hospitals            2008-Ohio-3344   survivorship damages were $100,000                                BRIEF           Bricker & Eckler                              Anne Marie Sferra           Successful: sanctions.
                                                                                                                                                                                                                                comparable Supreme Court of Ohio
                                                                                                                                                                                                                                upheld, the constitutionality of the product-
                                                                    Constitutionality of S.B. 80/ R.C. 2305.10 product liability                                                                                                liability statutes of repose in R.C.
2006-1914 Groch v GMC                              2008-Ohio-546    statute of repose                                                 BRIEF           Porter Wright                                 J. Huebert                  Successful: and that S.B. of did trial
                                                                                                                                                                                                                                2305.10(C), Judge's order 80 newnot for
                                                                                                                                                                                                                                attorney misconduct is reviewed for abuse
                                                                    Trial judge's order granting new trial is evaluated for abuse                                                                                               of discretion, not for competent credible
2006-1247 McLeod [Harris] v. Mt. Sinai Hospital    2007-Ohio-5587   of discretion, not competent/credible evidence.                   N/A             Fauver, Keyse-Walker & Donovan, L.P.A.        Kurt D. Anderson            evidence supporting the jury verdict.the
                                                                                                                                                                                                                                Successful: Revised Code 1343.03
                                                                                                                                                                                                                                post-judgment interest rate on cases
                                                                    Does R.C1343.03 apply to judgments entered prior to                                                                                                         pending on June 2, 2004, was 10% until
2007-1069 Maynard v Eaton                          2008-Ohio-4542   effective date of statute                                         BRIEF           Smith Rolfes & Skavdahl                       Thomas Glassman             that date

                                                                                                                                                                                                                                Successful: SB 267 amendments to the
                                                                                                                                                                                                                                UM/UIM statute, R.C. 3937.18, can be
                                                                                                                                                                                                                                incorporated into an auto policy within the
                                                                                                                                                                                                                                R.C. 3937.31 2-year renewal period,
                                                                    Did SB 267 amendment to UM/UIM statute, R.C.2927.18                                                                                                         provided the carrier has issued notice
2006-2393 Advent v Allstate Ins. Co                2008-Ohio-2333   apply to existing policies?                                  BRIEF                Gallagher Gams Tallan & Littrell              James Gallagher             affirmatively incorporating changes.
                                                                    What must plaintiff prove in order to be successful in legal
                                                                    malpractice case against his attorney premised on claim that
                                                                    client would have been more successful had he gone to trial                                                                                                 Successful: Legal malpractice plaintiff
          Environ. Network Corp. v. Goodman Weiss                   rather than accepting the settlement agreed to with the                                                                                                     must prove likely success and likely
2007-0739 Miller, L.L.P.                          2008-Ohio-3833    original defendant.                                          BRIEF                Reminger Co. LPA                              Amy Thomas & Nick Satullo   damages of underlying action.

                                                                                                                                                                                                                                Successful: a medical malpractice
                                                                                                                                                                                                                                complaint which does not include a proper
                                                                    What is remedy when plaintiff files a medical malpractice suit                                                                                              affidavit of merit as required by Civ.R.
                                                                    without a supporting affidavit from a competent medical                                                                                                     10(D)(2) may be dismissed under Civ.R.
2007-1069 Fletcher v Univ Hospitals of Cleveland   2008-Ohio-5379   expert?                                                        BRIEF              Tucker Ellis & West                           Irene Keyes Walker          12(B)(6), otherwise than upon the merits.
                                                                    Is an order denying a political subdivision a defense of                                                                                                    Successful. A political subdivision is
                                                                    qualified immunity immediately appealable under R.C.                                                                                                        statutorily entitled to immediate appeal,
                                                                    2744.02(C), even if the order omits Civ.R. 54(B) “no just                                                                                                   notwithstanding a trial court's failure to
2008-0691 Sullivan v. Anderson Township            2009-Ohio-1971   cause” certification?                                          BRIEF              Mazanec Raskin Ryder & Keller                 Frank Scialdone             certify "no just cause for delay."


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                                                                                                                                             Link to Brief
Year        Case                                            Citation         Issue                                                           (after 12/1/06) OACTA Firm                                           OACTA Writer             Outcome

                                                                                                                                                                                                                                           The statute is constitutional. In most
                                                                                                                                                                                                                                           circumstances, an employee must prove
                                                                                                                                                                                                                                           that the employer had a specific intent to
                                                            2010-Ohio-1027   Is R.C.2745.01 (the new workplace intentional tort statute)                                                                                                   injure in order to prevail on an employer
2008-0857 Kaminski v. Metal & Wire Products Co.             2010-Ohio-1029   constitutional?                                                 BRIEF            Porter Wright Morris & Arthur                       J.H. Huebert             intentional tort claim.
                                                                                                                                                                                                                                           Successful: Violation of building code
2008-                                                                        Does a building code violation preclude summary judgment                                                                                                      does not prevent application of open &
1222/1370 Lang v Holly Hill Motel                           2009-Ohio-2495   based on an open and obvious condition?                         BRIEF            Gallagher Sharp                                     Timothy Fitzgerald       obvious defense
                                                                                                                                                                                                                                           Successful: Punitive damages are not
                                                                             Must a jury still consider punitive damages after finding a                                                                                                   available in the absence of compensatory
                                                                             plaintiff more than 50% comparatively negligent and                                                                                                           damages; self-defense may be asserted
                                                                             awarding no compensatory damages, and can self-defense                                                                                                        as an affirmative defense against claims
2008-0895 Niskanen v Giant Eagle                            2009-Ohio-3626   be a defense to a negligence-only claim?                        BRIEF            Davis & Young, LPA                                  Richard Gardner          of negligence.
                                                                                                                                                                                                                                           Successful: R.C. 3929.06 precludes an
                                                                                                                                                                                                                                           action against a third-party insurance
                                                                                                                                                                                                                                           carrier in the absence of prior judgment
                                                                                                                                                                                                                                           against the tortfeasor. (Court also ruled
                                                                                                                                                                                                                                           that assignments of contingent future
                                                                             Does R.C. 3929.06 prohibit a plaintiff's medical provider from                                                                                                interests in judgments or settlements are
2008-                                                                        pursuing a direct action against a carrier, under plaintiff's                                                                        Megan Faust and Jerome   speculative and enforceable against
1396/1489 West Broad v. American Family                     2009-Ohio-3506   assignment of rights to any insurance settlement.              BRIEF             Roetzel & Andress                                   Wyss                     insurers not a party to the assignment).

                                                                                                                                                                                                                                           The Supreme Court limited applicability of
                                                                                                                                                                                                                                           the public duty doctrine to claims that
                                                                             Is there a "wanton & reckless" exception to the Public Duty                                                                                                   arose prior to the enactment of Ohio
                                                                             Rule? Does R.C. 2744.03 abrogate the Public Duty Rule for BRIEF                                                                                               Revised Code Chapter 2744 (political
2009-0014 Estate of Jillian Graves v. City of Circleville   2010-Ohio-168    personal liability of public employees?                     REPLY BRIEF Subashi & Wildermuth                                         Brian Wildermuth         subdivision immunity) in 1985.
                                                                                                                                                                                                                                           A judgment against the insured in a
                                                                                                                                                                                                                                           declaratory judgment action bars recovery
                                                                                                                                                                                                                                           by a successful tort plaintiff if, and only if,
                                                                             Does a default judgment in a coverage declaratory judgment                                                                                                    the declaratory judgment action was filed
                                                                             action preclude recovery by the claimant in a supplemental                                                                                                    by the insured or the plaintiff was joined
          Estate of Jeffrey K. Heintzelman v. Air                            complaint, if the claimant was not a party to the declaratory                                                                                                 as a party to the declaratory judgment
2008-2173 Experts, Inc. et al.                              2010-Ohio-3264   judgment action?                                              BRIEF              Freund, Freeze & Arnold                             Shawn Blatt              action.
                                                                                                                                                                                                                                           R. C. 2315.21(B) mandates bifurcation of
                                                                                                                                                                                                                                           punitive damages upon motion of any
                                                                                                                                                                                                                                           party. To the extent that the statute
         Hanners v. Ho Wa Genting Wire & Cable                               Is R.C. 2315.21(B) (requiring bifurcation of punitive damage                                                                                                  conflicts with Civ. R. 42, the statute
09AP-361 (Filed in 10th District Ct. Appeals)               2009-Ohio-6481   claims) constitutional?                                      BRIEF               J.H. Huebert                                        J.H. Huebert             controls.
                                                                                                                                                                                                                                           Attorney fees are distinct from punitive
                                                                                                                                                                                                                                           damages, and public policy does not
                                                                                                                                                                                                                                           prevent an insurance company from
                                                                             Do either policy exclusion or public policy prohibit coverage                                                                                                 covering attorney fees on behalf of an
                                                                             of attorney fees awarded in connection with punitive                                                                                                          insured when they are awarded as a
2009-0325 Neal-Pettit v. Lahman                             2010-Ohio-1829   damages?                                                        BRIEF            Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P.   James Gallagher          result of an award for punitive damages.

                                                                                                                                                                                                                                           Successful. A premises owner is not
                                                                                                                                                                                                                                           liable for claims arising from asbestos
                                                                             Does R.C. 2307.941 preclude claims of "take-home"                                                                                                             exposure originating from asbestos on the
                                                                             exposure to asbestos by plaintiff who was never exposed at                                                                                                    owner's property unless the exposure
2009-0542 Adams v. Goodyear                                 2010-Ohio-2550   subject premises?                                               BRIEF            Brzytwa Quick & McCrystal LLP                       James McCrystal          occurred on the owner's property.



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                                                                                                                                                Link to Brief
Year        Case                                          Citation         Issue                                                                (after 12/1/06) OACTA Firm                               OACTA Writer                 Outcome
                                                                                                                                                                                                                                      R.C. 2315.20 does not address evidence
                                                                                                                                                                                                                                      of write-offs by medical providers, and
                                                                                                                                                                                                                                      therefore, the holding in Robinson v.
                                                                                                                                                                                                                                      Bates controls. Evidence of amounts
                                                                                                                                                                                                                                      accepted by medical providers as
                                                                           Does Robinson v. Bates apply following the enactment of                                                                       Ron Rispo (Weston Hurd) &    payment in full remains admissible in
2009-0820 Jacques v. Manton                               2010-Ohio-1838   R.C. 2315.20?                                                        BRIEF          Weston Hurd LLP, & Mann & Preston LLP     Jim Mann (Mann & Preston     evidence.


                                                                                                                                                                                                                                      Successful. An order denying summary
                                                                                                                                                                                                                                      judgment in which an employee of a
                                                                                                                                                                                                                                      political subdivision sought federal
                                                                                                                                                                                                                                      qualified immunity from claims asserted
          Leola Summerville v. City of Forest Park, et                     Is a state court's denial of qualified immunity in a Section         BRIEF                                                    Lynnette Dinkler and Jamey   under Section 1983 is a final, appealable
2009-2106 al.                                          2010-Ohio-6280      1983 claim immediately appealable?                                   Reply Brief    Dinkler Pregon, LLC                       T. Pregon                    order under R.C. 2744.02(C).
                                                                           Is the "loss of chance" doctrine applicable when a plaintiff
                                                                           maintains a medical malpractice claim that seeks full
                                                                           damages for harm directly and proximately caused by
                                                                           medical negligence? Otherwise stated, may the "loss of
                                                                           chance" doctrine serve as a "fallback" position when a
          Jeffrey Geesaman et al. v. St. Rita's                            plaintiff introduces evidence of a traditional medical                                                                                                     Case dismissed, sua sponte, as having
2009-1715 Medical Center et al.                           2010-Ohio-5946   negligence claim?                                                    BRIEF          BIESER, GREER & LANDIS LLP                John F. Haviland             been improvidently accepted.

                                                                           Does an insured have standing to file an action against his                                                                                                Successful. The insured has no standing
                                                                           insurer for coverage under an insurance policy where the                                                                                                   to file a civil action until the insured has
                                                                           claimant has not presented a claim for a loss potentially                                                                                                  presented a claim to his insurer and the
          Don B. Kincaid, Jr., et al. v. Erie Insurance                    covered by such policy and where the claimant has failed to                                                                                                insurer has either 1) denied the claim or 2)
2009-1936 Company                                         2010-Ohio-6036   even present notice to the insurer of the alleged loss?              BRIEF          Davis & Young, LPA                        Richard M. Garner            failed to respond.

                                                                           The Supreme Court accepted the following propositions of
                                                                           law: 1. The doctrine of inferred intent as applied to an
                                                                           intentional act exclusion in an insurance policy is not limited
                                                                           to cases of molestion or homicide and may be applied where
                                                                           the undisputed facts establish harm or were substanially
                                                                           certain to occur as a result of the insured's conduct. 2.
                                                                           Policy language which excludes coverage for "bodily                                                                                                        Under an intentional-act exclusion,
                                                                           injury...which may reasonably be expected to result in the                                                                                                 inferred intent applies where the insured's
                                                                           intentional acts...of any insured person" denotes an objective                                                                                             intentional act and the harm caused are
          Allstate Insurance Company et al. v. Dailyn                      as oppose to a subjective standard of coverage rendoring an                                                                                                intrinsically tied so that the act necessarily
2009-2358 Campbell et al.                             2010-Ohio-6312       insured's subjective intent irrelevant.                         BRIEF               Reminger                                  Brian Sullivan               results in harm.

                                                                                                                                                                                                                                      Successful. The absence of a mutual-aid
                                                                                                                                                                                                                                      agreement between jurisdictions is not
                                                                           Whether R.C. Chapter 2744 requires a "mutual aid pact"                                                                                                     determinative of whether a police officer
                                                                           between political subdivisions for immunity to apply to a                                                                                                  who leaves his jurisdiction is entitled to
2010-0809 Lea D. Smith v. Vashawn L. McBride, et al. 2011-Ohio-4674        police officer acting outside his or her territorial jurisdiction?                  Schroeder, Maundrell, Barbiere & Powers   Jay D. Patton                immunity while on emergency call.
                                                                                                                                                                                                                                      Successful. If the requester did not
                                                                                                                                                                                                                                      actually want the records and instead
                                                                           Is a party who seeks public records for the purpose of                                                                                                     wanted the requested denied to seek
          Timothy T. Rhodes v. The City of New                             seeking a forfeiture "aggrieved" under R.C. 149.351(B)(2) by                                                                                               forfeiture awards, then the requester was
2010-0963 Philadelphia                                    2011-Ohio-3279   the destruction of those records?                                                   Baker, Dublikar, Beck, Wiley & Mathews    Anthony E. Brown             not "aggrieved" by the destruction.




                                                                                                                         14ce043e-de92-4eed-9bc3-dbaf3545c280.xlsx                                                                                                            Page 5
                                                                                                                                             Link to Brief
Year        Case                                       Citation          Issue                                                               (after 12/1/06) OACTA Firm                        OACTA Writer                Outcome
                                                                         Is a county liable for failing to keep its roads "in repair" within
                                                                         the meaning of R.C. 2744.02(B)(3) where an expert opines
          Raymond J. Sanderbeck, et al. v. County of                     that the road had a "skid number" such that it was "worn                                                                                          Dismissed, sua sponte, as having been
2010-1654 Medina, et al.                             2011-Ohio-4676      out"?                                                                               Davis & Young, LPA                Richard M. Garner           improvidently accepted.
                                                                                                                                                                                                                           Successful. No judgment may be taken
                                                                         1. May an Ohio court exercise jurisdiction over a dissolved                                                                                       against a corporation that does not exist
                                                                         foreign corporation when that corporation is no longer                                                                                            under applicable state law and a receiver
                                                                         amenable to suit under the laws of its state of incorporation?                                                        Daniel A. Richards, Shawn   cannot be appointed to seek receovery
                                                                         2. May Ohio courts appoint receivers for dissolved foreign                                                            W. Maestle and Melanie R.   from the non-existent corporation's
2010-1705 In re: All Cases Against Sager Corporation   2012-Ohio-1444    corporations?                                                                    Weston Hurd LLP                      Shaerban                    insurance carriers.
                                                                         Is a political subdivision's failure to upgrade an allegedly
2010-1970                                                                inadequate sewer system a proprietary function under R.C.
& 2010-                                                                  2744.01(G)(2)(d) that subjects the subdivision to liability                                                           John T. McLandrich and
2253      Larry Essman, et al. v. City of Portsmouth   Case dismissed.   under R.C. 2744.02(B)(2)?                                      BRIEF             Mazanec Raskin & Ryder Co., L.P.A.   Frank H. Scialdone          Case dismissed due to settlement.

                                                                                                                                                                                                                           Successful. R.C. 2315.21(B) creates an
                                                                         Whether the statutory bifurcation required by R.C.                                                                                                enforceable substantive right to bifurcation
                                                                         2315.21(B) is an unconstitutional procedural law that                                                                                             of the punitive damage phase of trial,
2010-2148 Sandra Havel v. Villa St. Joseph, et al.     2012-Ohio-552     conflicts with Civ.R. 42(B)?                                    BRIEF            Davis & Young, LPA                   Richard M. Garner           which takes precedent over Civ.R. 42(B).
                                                                         Whether political subdivisions are entitled to immunity from
                                                                         claims arising out of the alleged failure to upgrade the
2011-0199 Coleman v. Portage County Engineer           PENDING           capacity of an inadequate sewer system?                         BRIEF            Roetzel & Andress, LPA               Stephen W. Funk             PENDING
                                                                                                                                                                                                                           Successful. When the evidence to be
                                                                                                                                                                                                                           considered is in the court's record, a party
                                                                         Whether a party must file a motion for a directed verdict,                                                                                        need not have moved for directed verdict
                                                                         motion for judgment notwithstanding the verdict or motion for                                                                                     or filed a motion for JNOV/new trial to
          Paula Eastley v. Paul Holland Volkman, et                      new trial as a pre-requisite to asserting on appeal that a civil                                                                                  obtain appellate review of the weight of
2011-0606 al.                                          2012-Ohio-2179    jury verdict was against the manifest weight of the evidence? BRIEF              Gallagher Sharp                      Timothy J. Fitzgerald       the evidence.

                                                                         Whether the medical malpractice statute of repose violates
2011-0899 Ruther v. Kaiser                             PENDING           the open courts provision of the Ohio Constitution?             BRIEF            Tucker Ellis LLP                     Susan M. Audey              PENDING
                                                                         Is the statutory employment intentional tort defined in R.C.
          Bruce R. Houdek v. ThyssenKrupp                                2745.01(A) and (B) limited to acts by the employer taken
2011-1076 Materials NA, Inc.                           PENDING           with a "direct" or "deliberate" intent to cause injury?         BRIEF            Tucker Ellis LLP                     Benjamin C. Sasse           PENDING

                                                                         Whether the statutory rebuttable presumption of intent to
                                                                         injure for the "deliberate removal" of an "equipment safety"
                                                                         applies only where an employer makes a deliberate decision
2011-2013 Hewitt v. L.E. Myers                         PENDING           to eliminate a point-of-operation machine guard?             BRIEF               Reminger Co., LPA                    Brian D. Sullivan           PENDING
                                                                         Whether the "causation approach" is the correct test for
                                                                         analyzing whether a multiple vehicle accident is a single                                                             Richard M. Garner and David
2012-0053 Miller v. Motorists Mutual Insurance         PENDING           accident/occurrence for purposes of liability coverage?      BRIEF               Davis & Young, LPA                   W. Orlandini                PENDING
                                                                         Whether expert testimony is required to lay a foundation for
                                                                         evidence of medical bill write-offs under Robinson v. Bates                                                           Jamey T. Pregon and Lynette
2012-0797 Moretz v. Muakkassa                          PENDING           and its progeny?                                             BRIEF               Dinkler Pregon LLC                   Dinkler                     Jurisdictional memoranda pending




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