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April 2016 Archives

Sua Sponte Appellate Decisions

As appellate counsel, it is important to clearly state the assigned errors and the reasons and arguments in support. Sometimes an appellate panel debates the merits of missing arguments more than the parties. In Yurkowski v. Univ. of Cincinnati, the result favored the plaintiffs, despite their lack of specificity. It was the second appeal to the Tenth District, the first resulting in a reversal after a bench trial. In the first appeal, the Tenth District held that the trial court used the wrong standard of care in determining whether the defendants breached a duty owed to the plaintiffs. After informing of the correct standard, the matter was remanded. Upon remand, a successor judge ordered briefs on the issue, and resolved the matter again in favor of the defendants. 

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