open courts

Statutory Requirements for Filing Asbestos Suit Did Not Violate Ohio Constitution’s Right to Remedy Provisions

The Ohio Supreme Court recently held that R.C. 2307.92, requiring a smoker with an asbestos claim to present a diagnosis by a competent medical authority that the exposure to asbestos is a substantial contributing factor in order to avoid dismissal, did not violate the Ohio Constitution.  The plaintiff asserted that these requirements violated the plaintiff’s

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Teen’s Constitutional Rights Not Violated When Barred From Visitation Hearing

In re A.G., 2014-Ohio-2597 A teenager does not have a right to attend and participate in a visitation hearing under the Open Courts provision of the Ohio Constitution, Article 1, Section 16  or under due process provisions of the U.S. Constitution. Docket,Oral Argument Video,Oral Argument Summary, Opinion Summary.

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Court Could Not Apply Open Courts Provision to Equine Actitivities Immunity Statute Because Parties did not Raise the Issue

Smith v. Landfair, 2012 -Ohio- 5692, 12/6/12, This case was NOT decided on open courts provision of the Ohio Constitution, Ohio Constitution, Article I, Section 16, because the parties did not raise the issue in briefs or oral arguments.  According to the dissent, R.C. 2305.321 , the equine activities immunity statute, violates the Ohio Constitution,

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Medical Malpractice Statute of Repose Does Not Violate Open Courts Provision

Ruther v. Kaiser,2012-Ohio-5685, The medical-malpractice statute of repose found in R.C. 2305.113(C) does not extinguish a vested right and thus does not violate the open courts provision, Ohio Constitution, Article I, Section 16. (Hardy v. VerMeulen, 32 Ohio St.3d 45, 512 N.E.2d 626 (1987), overruled.)

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