Jillian Dinehart at Marshall Dennehey

Ohio Supreme Court: City’s Refusal to Arbitrate Under Last-Chance Agreement Not an Unfair Labor Practice

Ohio Council 8, AFSCMA, AFL-CIO v. City of Lakewood, 2025-Ohio-2052 -An employee of the Department of Public Works was on a last-chance agreement when he committed another fault and was terminated. The union demanded...more

7/30/2025 / Arbitration , Collective Bargaining , Employee Rights , Employment Litigation , Labor Relations , State Labor Laws , Termination , Unfair Labor Practices , Unions

A Neck-Hold Is Not Clearly-Established Excessive Force

Moore v. Oakland County, Michigan, 126 F.4th 1163 (6th Cir. 2025) - This § 1983 lawsuit was filed against a police officer after a confrontation during a traffic stop in which the plaintiff resisted compliance. Despite the...more

4/28/2025 / Appellate Courts , Excessive Force , Fourth Amendment , Law Enforcement , Police Brutality , Qualified Immunity , Summary Judgment , Traffic Stops

Defining Sole Negligence: Interpreting Indemnification Clauses

Diamond Transp. Logistics, Inc. v. The Kroger Co., 101 F. 4th 458 (6th Cir. May 13, 2024) - The Sixth Circuit reviewed an indemnification agreement in a shipping contract to determine the definition of “sole negligence.”...more

11/29/2024 / Car Accident , Contract Terms , Indemnification Clauses , Kroger , Liability , Negligence , Subcontractors

Reckless Disregard to Medical Needs: Calling Paramedics Is Not Enough

Heeter v. Bowers, 99 F.4th 900 (6th Cir. Apr. 29, 2024) - The Sixth Circuit considered appellate jurisdiction when there is a question of fact, the extent that a self-serving affidavit can be used in cases with body camera...more

10/21/2024 / Firearms , Law Enforcement , Medical Emergencies , Mental Health , Police , Recklessness

Sixth Circuit Discredits IRS Mileage Rate as Sufficient Payment to Employee Drivers Under the FLSA

Parker v. Battle Creek Pizza, Inc. & Bradford v. Team Pizza, Inc., Nos. 22-2119/3561 (6th Cir. Mar. 12, 2024) (not yet reported) - The Sixth Circuit recently considered a consolidated appeal regarding how delivery drivers...more

6/14/2024 / Delivery Drivers , Fair Labor Standards Act (FLSA) , IRS , Mileage Reimbursement , Minimum Wage , Wage and Hour

More Than Testimony Is Needed to Establish an Emergency Call for Immunity Purposes

Robinson v. Cleveland, 8th Dist. Cuyahoga No. 112798, 2024-Ohio-969 - A Cleveland police officer was stopped at a stop light. Without turning on his lights and sirens, he checked for oncoming traffic and advanced through the...more

4/30/2024 / Bodily Injury , Car Accident , Emergency Response , Genuine Issue of Material Fact , Police , Qualified Immunity , Testimony

Where to Draw the Line: Superseding Causes and Duty

Baker v. Bunker Hill Haven Home, 12th Dist. Butler No. CA2023-08-095, 2024-Ohio-875 - Todd Howard was a resident at Bunker Hill, a home for wayward boys. He snuck out of the facility to meet with his friends, Zeb Freeman and...more

4/30/2024 / Car Accident , Liability , Public Entities , Supervision

Mistake of Fact Is Insufficient for Qualified Immunity in an Operating While Intoxicated Arrest.

Akima v. Peca, 85 F.4th 416 (6th Cir. 2023) - The plaintiff, an Asian male in the U.S. on a visa, was pulled over for a broken headlight. The plaintiff attempted to exit the vehicle during the stop, allegedly a possible sign...more

2/28/2024 / Arrest , False Arrest , Field Sobriety Tests , Intoxication , Law Enforcement , Public Entities , Qualified Immunity

Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Lewicki v. Grange Ins. Co., 8th Dist. Cuyahoga No. 112705, 2023-Ohio-4544 - The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a...more

2/26/2024 / Bad Faith , Denial of Insurance Coverage , Insurance Claims , Insurance Litigation , Negligence , Property Owners , Statute of Limitations

Ohio Reviews Exceptions to Res Judicata for the First Time

AJZ’s Hauling, LLC v. TruNorth Warranty Programs of North America, 2023-Ohio-3097 - Ohio has recognized that there are exceptions to the application of res judicata in extraordinary circumstances but has never applied such an...more

11/22/2023 / Arbitration , Arbitration Agreements , Liability , Res Judicata

Clearly Established Constitutional Right: A Fact-Specific, Published Finding Is Necessary to Clearly Establish a “Private Act of...

Linden v. City of Southfield, Michigan, No. 22-1681, Jul. 26, 2023 - Emergency medical personnel were granted qualified immunity after pronouncing a person dead, despite her still demonstrating respiratory movement and...more

10/5/2023 / Emergency Medical Services (EMS) , First Responders , Fourteenth Amendment , Qualified Immunity

Ohio Civil Rule 15(A) Discourages a Prompt Motion for Judgment on the Pleadings

In a surprising win by a pro se plaintiff against a large law firm, the Eighth District Court of Appeals reminded counsel of a plaintiff’s absolute right to amend their complaint. In this case, the appellate court held that...more

8/9/2023 / Amended Complaints , Motion for Judgment , Pleadings , Rules of Civil Procedure

Emergency Vehicle Driver May Be Found Reckless if He Runs a Red Light, Even With Lights and Sirens on, for Purposes of Ohio...

The plaintiff was approaching an intersection at the same time as a township fire truck, resulting in a collision. The plaintiff sued the township and the driver of the fire truck, a township employee. The fire truck was...more

4/12/2023 / Car Accident , Liability , Reckless Driving

Jillian Dinehart

Marshall Dennehey

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