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• A pain worse than losing (Part 3): A jurisdictional defect By Terry Posey    We’ve written before about the heartfelt pain appellate lawyers experience when a case is dismissed after briefing and oral argument at the Ohio Supreme Court. In the first instance, it happened for a lack of a final appealable order. In the second, the court ultimately decided the case had already been mooted. It turns out there’s a third possibility — a jurisdictional defect. Dismissed for lack of subject-matter jurisdiction  Although we tend to focus on the state courts here at... More
• Appealing discovery orders compelling production of confidential information By Brad Hughes    As previously posted, Ohio’s final appealable order statute, Ohio Revised Code Section 2505.02, is complex and fraught with traps for the unwary. It can be difficult for counsel to discern or advise their clients with any high degree of confidence whether a given interlocutory decision by a trial judge is subject to immediate appeal, or whether that fight must await an appeal after final judgment. One specific context in which this vexing issue can arise relates to discovery... More
• Appellate mergers and acquisitions (and retirements): The Legally Speaking Ohio legacy By Terry Posey    At Ohio Appellate Insights, we are happy to announce that Porter Wright has “acquired” the long-running and well-regarded blog, Legally Speaking Ohio. Legally Speaking Ohio was run by University of Cincinnati Professor Emerita (and former First District Court of Appeals Judge) Marianna Brown Bettman, who is retiring this summer. Professor Bettman announced the transition here. Since 2012, Legally Speaking Ohio provided analyses of cases pending before the Ohio Supreme Court. Professor Bettman, along with student contributors, previewed upcoming cases,... More
• A pain worse than losing (Part 2): Appeal dismissed as moot By Terry Posey    In our last post, we discussed the pain of a dismissal after briefing and oral argument when the court determines the underlying judgment lacks a final appealable order. Less than three weeks later, the Supreme Court demonstrates another painful resolution — dismissing the appeal as moot and limiting the lower court’s decision as precedent only to the parties “inter se.” Appeal dismissed due to moot TRO On April 6, 2022, a unanimous Ohio Supreme Court dismissed the appeal in M.R.... More
• A pain worse than losing: Dismissal for lack of a final appealable order By Terry Posey    On March 16, 2022, the Ohio Supreme Court dismissed the appeal in Rachel Davis v. Tammie Nathaniel, a case in which a biological aunt was seeking companionship status and visitation of her sister’s three children, who were adopted by another aunt when their mother passed away in 2013. The appeal was dismissed for lacking a final appealable order on a 6-1 vote. Justice Brunner dissented with a written opinion. Dismissals are not uncommon – the sad part is... More
• Five (or more) questions with a judge: Second District Judge Chris Epley By Terry Posey    We’re pleased to introduce a new blog feature today: Five questions (or more) with a judge. Judge Christopher B. Epley of the Second District Court of Appeals was kind enough to answer our slightly more than five questions. Judge Epley joined the bench in February 2021, after being elected in November 2020. Ohio Appellate Insights Q: You started your term as judge when the Second District was still conducting remote oral arguments – by phone. Do you like remote oral... More
• Ohio Supreme Court set to answer certified question from federal court By Brad Hughes    In April 2022, the Ohio Supreme Court will hear oral arguments in City of Maple Heights v. Netflix, Inc. & Hulu, LLC, a certified question case. Such cases are governed by Section 9 of the Ohio Supreme Court’s Rules of Practice and only come up a few times a year. In certified-question cases, any federal district court or federal circuit court in the country can ask the Ohio Supreme Court to answer a question of Ohio law that... More
• Pro hac vice pro tip: Ohio Supreme Court requires annual renewal By Terry Posey and Chelsea Weaver    For a variety of reasons, legal clients frequently prefer to use their out-of-state counsel for matters litigated before the Ohio Supreme Court or other Ohio tribunals. For these attorneys seeking to appear in Ohio courts and affiliated local counsel, the end of the calendar year – and the beginning of the next one – can come with harsh reminders about the timely need to renew pro hac vice registrations. Recent revocation On Feb. 28, 2022 the Ohio... More
• Putting numbers behind Ohio Supreme Court jurisdictional decisions: What percentage of cases are being accepted? By Terry Posey and Cara Brack    OHIO APPELLATE INSIGHTS /stats In our last feature on Ohio Supreme Court statistics, we put numbers behind the question, “How long will it take for the Ohio Supreme Court to decide on a discretionary appeal, or jurisdictional?” If you have not had the opportunity to read that post, we were surprised to learn criminal cases were being decided faster. We have found it is one thing to put numbers to how long it takes to get a... More
• What’s fair game in supplementation at the Ohio Supreme Court? By Ahmad Huda    Last month, Terry Posey wrote on the blog about supplemental authority at oral argument — before the intermediate court of appeals. But what about the Ohio Supreme Court? As there is some time between filing your brief and oral argument, it makes sense you may wish to supplement your brief in some way. Say, for instance, you become aware of new authority issued by a court — whether in Ohio or somewhere else — that supports your arguments or... More