harm caused privilege (Ohio) · Go Syfert
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harm caused privilege in Ohio

5 Ohio opinions name it 2 courts 2016–2022 3 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
State v. Munciegreen
ohio · 2001 · cited in 3 Ohio opinions naming this issue, 2016–2022
2 sentences

2022“To show that an order for a provisional remedy such as the discovery of privileged * * * materials is final and appealable, R.C. 2905.02(B)(4)(a) requires a showing that the order determines the privilege issue and prevents a judgment in favor of the appellant regarding that issue, while R.C. 2505.02(B)(4)(b) requires a showing that the harm caused by the privilege-related discovery order cannot be meaningfully or effectively remedied by an appeal after final judgment.” Burnham v. Cleveland Clinic, 151 Ohio St.3d 356 , 2016-Ohio-8000 , 89 N.E.3d 536 , ¶ 20, citing State v. Muncie, 91 Ohio St.

2022“To show that an order for a provisional remedy such as the discovery of privileged * * * materials is final and appealable, R.C. 2905.02(B)(4)(a) requires a showing that the order determines the privilege issue and prevents a judgment in favor of the appellant regarding that issue, while R.C. 2505.02(B)(4)(b) requires a showing that the harm caused by the privilege-related discovery order cannot be meaningfully or effectively remedied by an appeal after final judgment.” Burnham v. Cleveland Clinic, 151 Ohio St.3d 356 , 2016-Ohio-8000 , 89 N.E.3d 536 , ¶ 20, citing State v. Muncie, 91 Ohio St.

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Burnham v. Cleveland Clinic (Slip Opinion) green
ohio · 2016
2 sentences

2022Burnham v. Cleveland Clinic, 151 Ohio St.3d 356 , 2016-Ohio-8000 , 89 N.E.3d 536 , ¶ 20.

2022“To show that an order for a provisional remedy such as the discovery of privileged * * * materials is final and appealable, R.C. 2905.02(B)(4)(a) requires a showing that the order determines the privilege issue and prevents a judgment in favor of the appellant regarding that issue, while R.C. 2505.02(B)(4)(b) requires a showing that the harm caused by the privilege-related discovery order cannot be meaningfully or effectively remedied by an appeal after final judgment.” Burnham v. Cleveland Clinic, 151 Ohio St.3d 356 , 2016-Ohio-8000 , 89 N.E.3d 536 , ¶ 20, citing State v. Muncie, 91 Ohio St.

22022–2022
State v. Crotts green
ohio · 2004
2 sentences

2021State v. Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , ¶ 89. {¶55} “Because fairness is subjective, the determination of whether evidence is unfairly prejudicial is left to the sound discretion of the trial court and will be overturned only if the discretion is abused.” State v. Crotts, 104 Ohio St.3d 432 , 2004-Ohio-6550 , 820 N.E.2d 302, ¶ 25 .

2021State v. Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , ¶ 89. {¶55} “Because fairness is subjective, the determination of whether evidence is unfairly prejudicial is left to the sound discretion of the trial court and will be overturned only if the discretion is abused.” State v. Crotts, 104 Ohio St.3d 432 , 2004-Ohio-6550 , 820 N.E.2d 302, ¶ 25 .

12021–2021
State v. Lang green
ohio · 2011
2 sentences

2021State v. Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , ¶ 89. {¶55} “Because fairness is subjective, the determination of whether evidence is unfairly prejudicial is left to the sound discretion of the trial court and will be overturned only if the discretion is abused.” State v. Crotts, 104 Ohio St.3d 432 , 2004-Ohio-6550 , 820 N.E.2d 302, ¶ 25 .

2021State v. Lang, 129 Ohio St.3d 512 , 2011-Ohio-4215 , 954 N.E.2d 596 , ¶ 89. {¶55} “Because fairness is subjective, the determination of whether evidence is unfairly prejudicial is left to the sound discretion of the trial court and will be overturned only if the discretion is abused.” State v. Crotts, 104 Ohio St.3d 432 , 2004-Ohio-6550 , 820 N.E.2d 302, ¶ 25 .

12021–2021

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2317.02 (4) OH § Ohio Rev. Code § 2505.02 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 107 (1987–2026) CA 9 (1988–2025) OH 5 (2016–2022) WA 3 (2013–2017) MI 2 (2021–2021) FL 2 (2011–2025) WV 2 (1981–1998) IL 2 (2013–2013) CT 2 (2000–2018) PA 2 (1941–1956)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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