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Court Opinions 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. 

Discovery of Privileged Material Revisited

Last week, it was noted that the Ohio Supreme Court revised its interpretation of appellate review of issues pertaining to discovery of privileged material. The new "Chen test" requires parties seeking an interlocutory appeal of a trial court's order, compelling the discovery of privileged material, to establish that no adequate remedy exists if the appeal were delayed until after the case was resolved. On that same day, the Second District released a decision involving a trial court's order compelling the discovery of privileged material that is illustrative of this new concept. Most of the issues in the Second District's case were non-unique.


My father was a contractor. He learned his craft in the Army Corps of Engineers,
building roads in jungles near war zones. He returned to the states to form a small
company - Construction Inc. - that built roads, installed sewer lines and moved dirt
... tons and tons of dirt.

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