Ohio Constitution - Pending Ohio Supreme Court Cases

City of Cleveland v. Destiny Ventures, LLC, Case no. 2008-2230; City of Cleveland v. Washington Mutual Bank, Case no. 2009-0441. Oral argument Dec 2, 2009. Whether R.C. 2941.47 as applied in these cases violates a corporate defendant’s constitutional right to be present and/or to have the assistance of counsel at trial. Argument Video. Oral Argument Preview. Docket & Briefs - 2008-2330; 2009-0441

Kiminski [sic] v. Metal & Wire Products Company, Case no. 2008-0857. Oral Argument Feb. 18, 2009. Whether the General Assembly exceed its authority under the Ohio Constitution by enacting a statute that imposes a standard of proof for “intentional tort” lawsuits by injured workers against their employers that is more restrictive than the common law standard of proof for such claims established by decisions of the Supreme Court. Oral Argument Preview. Argument Video. Docket & Briefs.

Stetter v. R.J. Corman Derailment Services LLC, Case no. 2008-0972. Oral Argument Feb. 18, 2009. If R.C. 2745.01 te is read to extinguish the common law cause of action for intentional torts based on “substantial certainty” of injury, does the statute violate the rights of plaintiffs to due process, equal protection, trial by jury, and other constitutional rights guaranteed by the U.S. and Ohio constitutions . Oral Argument Preview. Argument Video. Docket & Briefs.

Klaus v. United Equity, Inc., Case no. 2008-0894. Oral Argument Feb. 18, 2009. Oral Argument Preview. Argument Video. Docket & Briefs. If the court decides in Kiminski that RC 2745.01 is constitutional under Art. II. Sections 34 and 35 of the Ohio Constituion, is an injured worker barred from pursuing an “intentional workplace tort” lawsuit against his employer if the worker cannot show by direct evidence that the employer knowingly exposed the worker to a dangerous workplace process or condition and that the employer acted with the deliberate intention of causing injury to the worker?

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State of Ohio v. Samuel Brewer, Case no. 2007-1755. Oral argument Sept. 17, 2008. Whether Ohio's Double Jeopardy Clause forbids the retrial of a defendant when the State failed to present legally sufficient admissible evidence at the first trial to support a criminal conviction . Oral Argument Preview. Argument Video. Docket & Briefs.

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Cleveland v. State, Case No. 2009-2280. Docket. Appeal of Cuyahoga App. No. 92663, 2009-Ohio-5968. The 8th Dist found Ohio Revised Code 9.68 (requiring uniform laws across the state concerning firearms) to be unconstitutional and reversed the trial court’s judgment in favor of the State. The Ohio Supreme Court accepted review of the State’s appeal. Case involves the home rule amendments to the Ohio Constitution.

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State ex rel. Merrill v. Ohio Dept. of Natural Resources . Case No. 2009-1806. Docket. Appeal of Summit App. No. 2008-L-007, 2009-Ohio-4256. Per the Plaindealer, 3/6/2010: "The 11th District Court of Appeals had ruled last August that the public owns any land beneath the lake water at any given moment, while lakefront property owners own the dry land above the water line. That ruling upheld a Lake County Common Pleas Court decision from December 2007 on a case filed against the Ohio Lakefront Group by then Attorney General Marc Dann." Constitutional issues concerning the standing of the state of Ohio as well as takings issues.

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