Latest 2 Cases: State ex rel. Williams-Byers v. City of South Euclid (Government & Administrative Law), Evans v. Akron General Medical Center ...

Burrowing and Boobytraps: How Trump’s Eleventh-Hour Maneuvers Differ From Those of Previous Lame-Duck Presidents—and How They Don’t

MICHAEL C. DORF

Cornell law professor Michael C. Dorf argues Trump’s actions during his final months are different from those of past presidents, and particularly dangerous. As Dorf explains, Trump is aiming to do damage for its own sake, whereas other lame-duck presidents have at least sought to advance policy aims in pursuit of some conception of the common good.

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State ex rel. Williams-Byers v. City of South Euclid

Citation: 2020-Ohio-5534

Opinion Date: December 8, 2020

Judge: DeWine

Areas of Law: Government & Administrative Law

The Supreme Court denied the petition for a writ of mandamus filed by the South Euclid Municipal Court asking the Supreme Court to compel the City of South Euclid to comply with a funding order issued by the municipal court judge, holding that the judge was not entitled to mandamus relief. The judge in this case requested that the City allocate thirty percent more money than allocated for the previous year for the municipal court's 2019 budget. The court then issued a funding order directing the city council to allocate the full requested amount. The city council did not give the court the full amount. The municipal court subsequently filed a complaint for a writ of mandamus seeking to compel the city to comply with the judge's funding order. The Supreme Court denied the writ, holding that the municipal court failed to establish its entitlement to a writ.

Evans v. Akron General Medical Center

Citation: 2020-Ohio-5535

Opinion Date: December 8, 2020

Judge: Donnelly

Areas of Law: Personal Injury

The Supreme Court answered questions certified by the court of appeals in the negative and affirmed the judgment of the court of appeals reversing the trial court's grant of summary judgment to Akron General Medical Center (AGMC) on the issue of whether AGMC was liable for a cause of action for negligent hiring, retention, or supervision, holding that the grant of summary judgment was inappropriate. Malieka Evans filed a complaint alleging that she had been sexually abused and assaulted by Dr. Amir Shahideh, one of AGMC's employees, while seeking treatment at AGMC. The trial court granted summary judgment for AGMC based on Evans's failure to have filed a cause of action against Dr. Shahideh and her inability to establish the doctor's civil liability or criminal guilt. The court of appeals reversed and certified to the Supreme Court two questions of law. The Supreme Court held (1) a plaintiff need not show that an employee has been adjudicated civilly liable or has been found guilty of a crime in order for the plaintiff to maintain a negligent hiring, retention, or supervision claim against an employer; (2) the statute of limitations for such a claim is not affected by the statute of limitations governing the underlying legally wrongful conduct of the employee; and (3) summary judgment was improper.