rest analysis (Ohio) · Go Syfert
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rest analysis in Ohio

5 Ohio opinions name it 2 courts 2017–2024 2 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 ex rel. Repository, Div. of Thompson Newspapers, Inc. v. Ungergreen
ohio · 1986 · cited in 2 Ohio opinions naming this issue, 2024–2024
2 sentences

2024We have consistently held that when there is a constitutional right of access, proceedings may only be closed based on individualized findings “that closure was essential to protect an overriding interest, that the closure was drawn as narrowly as possible to protect only that overriding interest, or that no viable alternatives to closure were available.” Unger, 28 Ohio St.3d at 422 .

2024We have consistently held that when there is a constitutional right of access, proceedings may only be closed based on individualized findings “that closure was essential to protect an overriding interest, that the closure was drawn as narrowly as possible to protect only that overriding interest, or that no viable alternatives to closure were available.” Unger, 28 Ohio St.3d at 422.

12

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 (4)

CaseCitedYears
Supportive Solutions, L.L.C. v. Electronic Classroom of Tomorrow green
ohio · 2013
2 sentences

2020(Dent did not raise the monetary-threshold issue in his appeal to the Tenth District.) Because it is generally inappropriate to address legal issues “before the lower courts have the opportunity to address them in the first instance,” Supportive Solutions, L.L.C. v. Electronic Classroom of Tomorrow, 137 Ohio St.3d 23 , 2013-Ohio-2410 , 997 N.E.2d 490, ¶ 22 , I am assuming for the sake of the rest of the analysis that the $1,000 threshold was met. 18 January Term, 2020 pattern of corrupt activity in violation of R.C. 2923.32: the incidents must be evaluated to determine whether their details an

2020(Dent did not raise the monetary-threshold issue in his appeal to the Tenth District.) Because it is generally inappropriate to address legal issues “before the lower courts have the opportunity to address them in the first instance,” Supportive Solutions, L.L.C. v. Electronic Classroom of Tomorrow, 137 Ohio St.3d 23 , 2013-Ohio-2410 , 997 N.E.2d 490, ¶ 22 , I am assuming for the sake of the rest of the analysis that the $1,000 threshold was met. 18 January Term, 2020 pattern of corrupt activity in violation of R.C. 2923.32: the incidents must be evaluated to determine whether their details an

12020–2020
Stewart v. Vivian (Slip Opinion) green
ohio · 2017
1 sentence

2019However, if terms are undefined, they are given 1 The State concedes that Miller met the rest of the immunity requirements in R.C. 2925.11(B)(2)(b). -10- their “common everyday meaning.” Id., citing R.C. 1.42. {¶ 24} Contrary to Miller’s contention, the legislature did not define the term “as a result of.” Consequently, we apply the common everyday meaning.

12019–2019
Fletcher v. Fletcher green
ohio · 1994
2 sentences

2017If the facts fail to support any part of the three-prong test, the rest of the test is irrelevant. {¶ 22} In Fletcher, the Supreme Court also discussed a burden-shifting approach that had been applied in one of its prior decisions, which held that “an antenuptial agreement that creates a disproportionate allocation of property upon death shifts the burden of proving full disclosure onto the party claiming the validity of the contract.” Fletcher, 68 Ohio St. 3d at 467 , 628 N.E.2d 1343 , citing Juhasz v. Juhasz, 134 Ohio St. 257 , 16 N.E.2d 328 (1938).

2017If the facts fail to support any part of the three-prong test, the rest of the test is irrelevant. {¶ 22} In Fletcher, the Supreme Court also discussed a burden-shifting approach that had been applied in one of its prior decisions, which held that “an antenuptial agreement that creates a disproportionate allocation of property upon death shifts the burden of proving full disclosure onto the party claiming the validity of the contract.” Fletcher, 68 Ohio St. 3d at 467 , 628 N.E.2d 1343 , citing Juhasz v. Juhasz, 134 Ohio St. 257 , 16 N.E.2d 328 (1938).

12017–2017
Juhasz v. Juhasz green
ohio · 1938
2 sentences

2017If the facts fail to support any part of the three-prong test, the rest of the test is irrelevant. {¶ 22} In Fletcher, the Supreme Court also discussed a burden-shifting approach that had been applied in one of its prior decisions, which held that “an antenuptial agreement that creates a disproportionate allocation of property upon death shifts the burden of proving full disclosure onto the party claiming the validity of the contract.” Fletcher, 68 Ohio St. 3d at 467 , 628 N.E.2d 1343 , citing Juhasz v. Juhasz, 134 Ohio St. 257 , 16 N.E.2d 328 (1938).

2017If the facts fail to support any part of the three-prong test, the rest of the test is irrelevant. {¶ 22} In Fletcher, the Supreme Court also discussed a burden-shifting approach that had been applied in one of its prior decisions, which held that “an antenuptial agreement that creates a disproportionate allocation of property upon death shifts the burden of proving full disclosure onto the party claiming the validity of the contract.” Fletcher, 68 Ohio St. 3d at 467 , 628 N.E.2d 1343 , citing Juhasz v. Juhasz, 134 Ohio St. 257 , 16 N.E.2d 328 (1938).

12017–2017

Where else courts name it

IL 24 (1899–2024) TX 18 (1980–2026) CA 15 (1958–2025) NM 15 (2006–2023) WA 10 (1997–2024) NC 7 (1994–2026) WI 6 (2003–2023) NY 6 (1934–2013) PA 6 (1891–2023) AZ 6 (1969–2024) OH 5 (2017–2024) IN 5 (1915–2012) CO 5 (1994–2026) MS 4 (2002–2014) NJ 3 (1882–2020) MA 3 (1912–1997) UT 3 (2014–2020) OR 3 (1983–2007) DE 3 (2004–2021) MI 2 (1998–2025) LA 2 (1982–1994) KY 2 (1905–1916) SC 2 (1923–2015)

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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