state law tort claim (Ohio) · Go Syfert
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state law tort claim in Ohio

5 Ohio opinions name it 2 courts 1985–2011 0 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
Shaw v. Delta Air Lines, Inc.green
scotus · 1983 · cited in 1 Ohio opinions naming this issue, 2011–2011
2 sentences

2011The court noted the United States Supreme Court’s indication that the ADA would not preempt most state-law tort claims, citing Morales v. Trans World Airlines, Inc. (1992), 504 U.S. 374, 390 , 112 S.Ct. 2031 , 119 L.Ed.2d 157 , quoting Shaw v. Delta Air Lines, Inc. (1983), 463 U.S. 85, 100 , 103 S.Ct. 2890, fn. 21 (“ ‘some state actions may affect [airline fares] in too tenuous, remote, or peripheral a manner’ to have pre-emptive effect”) and Wolens at 230-233 (breach-of-contract claim for airline’s decision to devalue frequent-flyer miles not preempted). 1 The court then concluded that Congre

2011The court noted the United States Supreme Court’s indication that the ADA would not preempt most state-law tort claims, citing Morales v. Trans World Airlines, Inc. (1992), 504 U.S. 374, 390 , 112 S.Ct. 2031 , 119 L.Ed.2d 157 , quoting Shaw v. Delta Air Lines, Inc. (1983), 463 U.S. 85, 100 , 103 S.Ct. 2890, fn. 21 (“ ‘some state actions may affect [airline fares] in too tenuous, remote, or peripheral a manner’ to have pre-emptive effect”) and Wolens at 230-233 (breach-of-contract claim for airline’s decision to devalue frequent-flyer miles not preempted). 1 The court then concluded that Congre

11

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 (7)

CaseCitedYears
Msr Exploration, Ltd. v. Meridian Oil, Inc. green
ca9 · 1996
2 sentences

2011MSR Exploration, Ltd. v. Meridian Oil, Inc. (C.A.9, 1996), 74 F.3d 910 (debtor sued creditor in state court for malicious prosecution due to bankruptcy).

2011MSR Exploration, Ltd. v. Meridian Oil, Inc. (C.A.9, 1996), 74 F.3d 910 (debtor sued creditor in state court for malicious prosecution due to bankruptcy).

12011–2011
Morales v. Trans World Airlines, Inc. green
scotus · 1992
2 sentences

2011The court noted the United States Supreme Court’s indication that the ADA would not preempt most state-law tort claims, citing Morales v. Trans World Airlines, Inc. (1992), 504 U.S. 374, 390 , 112 S.Ct. 2031 , 119 L.Ed.2d 157 , quoting Shaw v. Delta Air Lines, Inc. (1983), 463 U.S. 85, 100 , 103 S.Ct. 2890, fn. 21 (“ ‘some state actions may affect [airline fares] in too tenuous, remote, or peripheral a manner’ to have pre-emptive effect”) and Wolens at 230-233 (breach-of-contract claim for airline’s decision to devalue frequent-flyer miles not preempted). 1 The court then concluded that Congre

2011The court noted the United States Supreme Court’s indication that the ADA would not preempt most state-law tort claims, citing Morales v. Trans World Airlines, Inc. (1992), 504 U.S. 374, 390 , 112 S.Ct. 2031 , 119 L.Ed.2d 157 , quoting Shaw v. Delta Air Lines, Inc. (1983), 463 U.S. 85, 100 , 103 S.Ct. 2890, fn. 21 (“ ‘some state actions may affect [airline fares] in too tenuous, remote, or peripheral a manner’ to have pre-emptive effect”) and Wolens at 230-233 (breach-of-contract claim for airline’s decision to devalue frequent-flyer miles not preempted). 1 The court then concluded that Congre

12011–2011
In Re Cuyahoga Equipment Corporation green
ca2 · 1992
2 sentences

2011Corp. (C.A.2, 1992), 980 F.2d 110 , 114. {¶ 49} The cases cited by the majority are generally those in which a debtor has filed a state-law tort claim as a result of the alleged improper bankruptcy filing—a core proceeding.

2011Corp. (C.A.2, 1992), 980 F.2d 110 , 114. {¶ 49} The cases cited by the majority are generally those in which a debtor has filed a state-law tort claim as a result of the alleged improper bankruptcy idling — a core proceeding.

12011–2011
cluster 759280 green
ca9 · 1998
1 sentence

2011The court in Charas focused upon the tenuous connection between a state-law tort claim against an airline and airline deregulation, i.e., whether “the state laws underlying the claims frustrate the goal of economic deregulation by interfering with the forces of competition.” Id. at 1263 .

12011–2011
CSX Transportation, Inc. v. Easterwood green
scotus · 1993
2 sentences

2005Id. at 675-676 , 113 S.Ct. 1732 , 123 L.Ed.2d 387 ; Rivers v. CSX Transp., Inc. (Apr. 10, 2002), Marion App. No. 9-01-59, 2002 WL 533397 . {¶ 19} In the present case, it is undisputed that the train was traveling within the prescribed speed limits.

2005Id. at 675-676 , 113 S.Ct. 1732 , 123 L.Ed.2d 387 ; Rivers v. CSX Transp., Inc. (Apr. 10, 2002), Marion App. No. 9-01-59, 2002 WL 533397 . {¶ 19} In the present case, it is undisputed that the train was traveling within the prescribed speed limits.

12005–2005
Harlow v. Fitzgerald green
scotus · 1982
1 sentence

1988Considering first the immunity from suit under Section 1983, we are guided by the rule that government officials performing discretionary functions are shielded from liability for civil damages if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald (1982), 457 U.S. 800, 818 .

11988–1988
Victor Havas and Arlene Havas v. John T. Thornton green
ca9 · 1979
1 sentence

1985Havas v. Thornton (C.A. 9, 1979), 609 F. 2d 372 .

11985–1985

Where else courts name it

CA 11 (1991–2020) OH 5 (1985–2011) IN 4 (1993–2013) MI 4 (1987–2023) IL 3 (1985–2020) PA 3 (2013–2022) NY 3 (2005–2012) IA 2 (2018–2025) MN 2 (2016–2016) SC 2 (1996–2010) TX 2 (2011–2020) MT 2 (2008–2009) NC 2 (2001–2009) LA 2 (2004–2016) WA 2 (2002–2002) MA 2 (2005–2007) TN 2 (2013–2025)

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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