party raising immunity (Ohio) · Go Syfert
← Ohio issues

party raising immunity in Ohio

13 Ohio opinions name it 1 courts 1995–2024 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 (5)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 2 Ohio opinions naming this issue, 1999–1999
2 sentences

1999See generally, Strickland v. Washington (1984), 466 U.S. 668 ; State v. Smith (1985), 17 Ohio St.3d 98 , 100 .

1999See generally, Strickland v. Washington (1984), 466 U.S. 668 ; State v. Smith (1985), 17 Ohio St.3d 98 , 100 .

22
Hall v. Fort Frye Local School District Board of Educationgreen
ohioctapp · 1996 · cited in 1 Ohio opinions naming this issue, 2018–2018
2 sentences

2018See generally Hall v. Fort Frye Local School District Board of Education , 111 Ohio App.3d 690 , 694-695, 676 N.E.2d 1241 (4th Dist.1996) (noting that a party raising an immunity defense must present evidence tending to prove the underlying facts upon which the defense is based). {¶ 38} Because Appellants failed to present evidence of a discretionary decision as contemplated by R.C. 2744.03(A)(3) or 2744.03(A)(5), neither subsection reinstates the Village's immunity.

2018See generally Hall v. Fort Frye Local School District Board of Education , 111 Ohio App.3d 690 , 694-695, 676 N.E.2d 1241 (4th Dist.1996) (noting that a party raising an immunity defense must present evidence tending to prove the underlying facts upon which the defense is based). {¶ 38} Because Appellants failed to present evidence of a discretionary decision as contemplated by R.C. 2744.03(A)(3) or 2744.03(A)(5), neither subsection reinstates the Village's immunity.

11
Doe v. First United Methodist Churchgreen
ohio · 1994 · cited in 1 Ohio opinions naming this issue, 2007–2007
2 sentences

2007See Doe v. First United Methodist Church (1994), 68 Ohio St.3d 531 , 535 , 629 N.E.2d 402 . {¶ 16} A party raising an immunity defense to support a motion for summary judgment "must present evidence tending to prove the underlying facts upon which the defense is based." Evans v. S Ohio Med.

2007See Doe v. First United Methodist Church (1994), 68 Ohio St.3d 531 , 535 , 629 N.E.2d 402 . {¶ 16} A party raising an immunity defense to support a motion for summary judgment "must present evidence tending to prove the underlying facts upon which the defense is based." Evans v. S Ohio Med.

11
Schwartz v. Bank One, Portsmouth, N.A.green
ohioctapp · 1992 · cited in 1 Ohio opinions naming this issue, 2005–2005
2 sentences

2005See, also, Schwartz v. Bank One, Portsmouth, N.A. (1992), 84 Ohio App.3d 806, 809 , 619 N.E.2d 10 . {¶ 9} A party raising an immunity defense to support a motion for summary judgment “must present evidence tending to prove the underlying facts upon which the defense is based.

2005See, also, Schwartz v. Bank One, Portsmouth, N.A. (1992), 84 Ohio App.3d 806, 809 , 619 N.E.2d 10 . {¶ 9} A party raising an immunity defense to support a motion for summary judgment “must present evidence tending to prove the underlying facts upon which the defense is based.

11
Foote Theatre, Inc. v. Dixie Roller Rink, Inc.green
ohioctapp · 1984 · cited in 1 Ohio opinions naming this issue, 1995–1995
2 sentences

1995See Foote Theatre, Inc. v. Dixie Roller Rink, Inc. (1984), 14 Ohio App.3d 456, 458 , 14 OBR 576, 578, 471 N.E.2d 866, 868-869 .

1995See Foote Theatre, Inc. v. Dixie Roller Rink, Inc. (1984), 14 Ohio App.3d 456, 458 , 14 OBR 576, 578, 471 N.E.2d 866, 868-869 .

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 (6)

CaseCitedYears
Matchmaker International Inc. v. Long green
ohioctapp · 1995
2 sentences

2008MatchMaker Internatl., Inc. v. Long (1995), 100 Ohio App.3d 406 , 408 . *Page 5 {¶ 7} Here, in concluding that estoppel does not apply against a state or its agencies when in the exercise of a governmental function, and that Kristen's acts were an exercise of a governmental function, the trial court relied upon Griffith v. J.C.

2005MatchMaker Internatl., Inc. v. Long (1995), 100 Ohio App.3d 406 , 408 * * *.

32001–2008
Evans v. Southern Ohio Medical Center green
ohioctapp · 1995
2 sentences

2007Ctr. (1995), 103 Ohio App.3d 250 , 255 , 659 N.E.2d 326 ; see, also, Vance v. Jefferson Area Local School Dist.

2007Ctr. (1995), 103 Ohio App.3d 250 , 255 , 659 N.E.2d 326 ; see, also, Vance v. Jefferson Area Local School Dist.

22005–2007
State v. Smith green
ohio · 1985
2 sentences

1999See generally, Strickland v. Washington (1984), 466 U.S. 668 ; State v. Smith (1985), 17 Ohio St.3d 98 , 100 .

1999See generally, Strickland v. Washington (1984), 466 U.S. 668 ; State v. Smith (1985), 17 Ohio St.3d 98 , 100 .

21999–1999
Nationstar Mtge., L.L.C. v. Mielcarek green
ohioctapp · 2016
1 sentence

2024Lorain No. 15CA10748, 2016-Ohio-60, ¶ 11 , quoting First Natl.

12024–2024
State v. Tapia-Cortes green
ohioctapp · 2016
1 sentence

2021Id. {¶29} Good claims that his trial counsel incorrectly informed him of the maximum penalties associated with Counts One and Eleven.

12021–2021
Connin v. Bailey green
ohio · 1984
2 sentences

2006Connin v. Bailey (1984), 15 Ohio St.3d 34 , 472 N.E.2d 328 .

2006Connin v. Bailey (1984), 15 Ohio St.3d 34 , 472 N.E.2d 328 .

12006–2006

Where else courts name it

LA 60 (1999–2024) CT 36 (1979–2020) TX 26 (1983–2023) IL 21 (1973–2026) MO 17 (1980–2023) TN 13 (1965–2019) OH 13 (1995–2024) NY 11 (1983–2015) CA 10 (1976–2023) NC 9 (1994–2017) IN 9 (1987–2020) PA 7 (1989–2024) NJ 7 (1982–2014) MA 6 (1985–2024) WA 6 (1981–2026) DE 5 (1978–2025) NM 5 (1985–2015) AK 5 (1997–2023) FL 5 (1983–2025) MD 4 (1994–2020) KS 4 (1978–2022) ME 4 (2003–2018) UT 3 (2009–2021) AL 3 (1990–2008) WI 3 (1982–2023) ND 3 (1977–1997) GA 3 (2005–2015) HI 2 (1980–2025) DC 2 (1974–1996) VA 2 (1994–2024) CO 2 (1998–2026) OR 2 (2004–2005) IA 2 (2024–2024) MT 2 (1989–2000)

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.

← Caselaw search · G Cite Topics · Brief Check