19 Ohio opinions name it 4 courts 1991–2022 1 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.
| Case | Followed | Cited |
|---|---|---|
Sanitary Commercial Services, Inc. v. Shankgreen2 sentences2018Since appellant did not appear for the final hearing, in her brief to this court, she anticipated that appellee would make this argument in his brief to this court. " 'As a general rule, the doctrine of waiver is applicable to all personal rights and privileges, whether secured by contract, conferred by statute, or guaranteed by the Constitution, provided that the waiver does not violate public policy.' " Sanitary Commercial Servs., Inc. v. Shank, 57 Ohio St.3d 178, 180 (1991), quoting State ex rel. 2015Mr. Ward agreed to have some of the repayment removed from his electronic benefit transfer card, and then wrote a check for the balance of the repayment. {¶19} Generally, “’the doctrine of waiver is applicable to all personal rights and privileges, whether secured by contract, conferred by statute, or guaranteed by the Constitution, provided that the waiver does not violate public policy.’” Sanitary Commercial Servs., Inc. v. Shank, 57 Ohio St.3d 178, 180 (1991), quoting State ex rel. | 3 | 14 |
State Ex Rel. Hess v. City of Akrongreen2 sentences2018Hess v. Akron, 132 Ohio St. 305, 307 (1937). 2015Hess v. Akron, 132 Ohio St. 305 . 307 (1937). | 2 | 14 |
City of North Olmsted v. Eliza Jennings, Inc.green2 sentences2006Hess v. Akron (1937), 132 Ohio St. 305, 307 [ 8 O.O. 76 ] * * *. ‘A waiver is a voluntary relinquishment of a known right, with the intent to do so with full knowledge of all the facts.’ N. Olmsted v. Eliza Jennings, Inc. (1993), 91 Ohio App.3d 173, 180 [ 631 N.E.2d 1130 ] * * *. 2006Hess v. Akron (1937), 132 Ohio St. 305, 307 [ 8 O.O. 76 ] * * *. ‘A waiver is a voluntary relinquishment of a known right, with the intent to do so with full knowledge of all the facts.’ N. Olmsted v. Eliza Jennings, Inc. (1993), 91 Ohio App.3d 173, 180 [ 631 N.E.2d 1130 ] * * *. | 1 | 3 |
Cross v. Carnesgreen2 sentences2007See, e.g., Cross v. Carnes (1998), 132 Ohio App.3d 157, 166 , 724 N.E.2d 828 ; Liese v. Kent State Univ. at ¶ 43. {¶ 30} “ ‘As a general rule, the doctrine of waiver is applicable to all personal rights and privileges, whether secured by contract, conferred by statute, or guaranteed by the Constitution * * *.’ ” Sanit. 2007See, e.g., Cross v. Carnes (1998), 132 Ohio App.3d 157, 166 , 724 N.E.2d 828 ; Liese v. Kent State Univ. at ¶ 43. {¶ 30} “ ‘As a general rule, the doctrine of waiver is applicable to all personal rights and privileges, whether secured by contract, conferred by statute, or guaranteed by the Constitution * * *.’ ” Sanit. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State ex rel. Ryan v. State Teachers Retirement System
green
2 sentences1996Ryan v. State Teachers Retirement Sys. (1994), 71 Ohio St.3d 362, 368 , 643 N.E.2d 1122, 1128 . “ ‘As a general rule, the doctrine of waiver is applicable to all personal rights and privileges, whether secured by contract, conferred by statute, or guaranteed by the Constitution, provided that the waiver does not violate public policy.’ ” Sanitary Commercial Serv., Inc. v. Shank (1991), 57 Ohio St.3d 178, 180 , 566 N.E.2d 1215, 1218 , quoting State ex rel. 1996Ryan v. State Teachers Retirement Sys. (1994), 71 Ohio St.3d 362, 368 , 643 N.E.2d 1122, 1128 . “ ‘As a general rule, the doctrine of waiver is applicable to all personal rights and privileges, whether secured by contract, conferred by statute, or guaranteed by the Constitution, provided that the waiver does not violate public policy.’ ” Sanitary Commercial Serv., Inc. v. Shank (1991), 57 Ohio St.3d 178, 180 , 566 N.E.2d 1215, 1218 , quoting State ex rel. | 2 | 1996–1996 |
Church v. Fleishour Homes, Inc.
green
1 sentence2022We reasoned that, “because the doctrine of waiver is applicable to all personal rights and privileges, whether secured by contract, conferred by statute, or guaranteed by the Constitution,” a party “may waive rights and privileges secured by statutes, including the statutory right to a hearing conferred by R.C. 2711.03.” Id., citing Sanit. | 1 | 2022–2022 |
Griffith v. Linton
green
1 sentence2005Griffith v. Linton (1998), 130 Ohio App.3d 746 , 751 (10th Dist.), citing Harsco Corp. v. Crane Carrier Co. (1997), 122 Ohio App.3d 406 , 415 , and Campbell v. Automatic Die Prods. | 1 | 2005–2005 |
State ex rel. Board of County Commissioners v. Board of Directors
green
1 sentence2005"As a general rule, the doctrine of waiver is applicable to all personal rights and privileges, whether secured by contract, conferred by statute, or guaranteed by the Constitution, provided that the waiver does not violate public policy." Id. (emphasis added). {¶ 23} Waiver is not to be lightly inferred, and the burden of proving waiver is on the party asserting it. | 1 | 2005–2005 |
Harsco Corp. v. Crane Carrier Co.
green
1 sentence2005Griffith v. Linton (1998), 130 Ohio App.3d 746 , 751 (10th Dist.), citing Harsco Corp. v. Crane Carrier Co. (1997), 122 Ohio App.3d 406 , 415 , and Campbell v. Automatic Die Prods. | 1 | 2005–2005 |
Pawlowski v. Pawlowski
green
1 sentence2002Id. {¶ 28} " `As a general rule, the doctrine of waiver is applicable to all personal rights and privileges, whether secured by contract, conferred by statute, or guaranteed by the Constitution, provided that the waiver does not violate public policy.' Sanitary Commerical Services, Inc. v. Shank (1991), 57 Ohio St.3d 178 , 180 * * * quoting State ex rel. | 1 | 2002–2002 |