blanket rule (Ohio) · Go Syfert
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blanket rule in Ohio

64 Ohio opinions name it 3 courts 1972–2026 10 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 (19)

CaseFollowedCited
Cater v. City of Clevelandgreen
ohio · 1998 · cited in 2 Ohio opinions naming this issue, 2006–2009
2 sentences

2009R.C. 2744.02(B); Cater v. Cleveland (1998), 83 Ohio St.3d 24, 28, 697 N.E.2d 610 . {¶ 11} The second tier of the analysis considers whether any of the five exceptions listed in R.C. 2744.02(B) require the court to not apply the general rule of political subdivision immunity.

2006See Sobiski , supra; see, also, Cater v. Cleveland , 83 Ohio St.3d 24 , 28 , 1998-Ohio-421 , 697 N.E.2d 610 . {¶ 21} R.C. 2744.02 (A)(1) confers on all political subdivisions a blanket immunity, which provides that they are not liable for injury, death or loss to persons or property that occurred in relation to the performance of a governmental or propriety function.

22
Buckmaster v. Buckmastergreen
ohioctapp · 2014 · cited in 3 Ohio opinions naming this issue, 2017–2024
2 sentences

2024Highland No. 13A13, 2014-Ohio-793, ¶ 13 . {¶62} Courts have held that it is error to not allow a competent child to testify in the parents’ divorce trial.

2019Highland No. 13A13, 2014-Ohio-793, ¶ 18 (“reliance upon an unwritten local rule” and/or “enforcement of a blanket rule disallowing child testimony in domestic matters * * * result[s] in a deprivation of due process”); but see Glimcher v. Glimcher, 29 Ohio App.2d 55 , 278 N.E.2d 37 (10th Dist.1971) (“[w]e do not condone the practice of a parent causing minor children to testify against the other parent in a divorce action”).

13
Gerston v. Parma VTA, L.L.C.green
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025As a panel from this district recently concluded, prior litigation tangentially related to ongoing disputes does “not act as a blanket waiver for all other disputes between the parties.” Gerston v. Parma VTA, LLC, 2023-Ohio-1563, ¶ 18 (8th Dist.).

11
State ex rel. Ware v. O'Malleygreen
ohio · 2024 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025“The plain language of R.C. 149.43(B)(8) ‘excuses a public office or official from having to provide a record when it relates to a criminal proceeding,’ but it ‘does not create a blanket rule that an 8 January Term, 2025 office or official may disregard an entire request when a portion thereof is subject to the prerelease approval of the sentencing judge.’” (Emphasis added in Ellis.) O’Malley at ¶ 13, quoting Ellis at ¶ 15.

11
State ex rel. Ellis v. Cleveland Police Forensic Laboratory (Slip Opinion)green
ohio · 2021 · cited in 1 Ohio opinions naming this issue, 2024–2024
2 sentences

2024The plain language of R.C. 149.43(B)(8) “excuses a public office or official from having to provide a record when it relates to a criminal proceeding,” but it “does not create a blanket rule that an office or official may disregard an entire request when a portion thereof is subject to the prerelease approval of the sentencing judge.” (Emphasis in original.) Ellis at ¶ 15; accord State ex rel.

2024The plain language of R.C. 149.43(B)(8) “excuses a public office or official from having to provide a record when it relates to a criminal proceeding,” but it “does not create a blanket rule that an office or official may disregard an entire request when a portion thereof is subject to the prerelease approval of the sentencing judge.” (Emphasis in original.) Ellis at ¶ 15; accord State ex rel.

11
Buckman-Peirson v. Brannongreen
ohioctapp · 2004 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024See Yeager v. Local Union 20, Teamsters, 6 Ohio St.3d 369, 374 (1983) (“we hold that in order to state a claim alleging the intentional infliction of emotional distress, the emotional distress alleged must be serious”); see also Buckman-Peirson v. Brannon, 2004-Ohio-6074, ¶ 41 (2d Dist.) (observing, “in Ohio at least, expert medical testimony concerning the plaintiff’s mental distress is not always required.

11
Yeager v. Local Union 20, Teamsters, Chauffeurs, Warehousemen & Helpers of Americagreen
ohio · 1983 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024See Yeager v. Local Union 20, Teamsters, 6 Ohio St.3d 369, 374 (1983) (“we hold that in order to state a claim alleging the intentional infliction of emotional distress, the emotional distress alleged must be serious”); see also Buckman-Peirson v. Brannon, 2004-Ohio-6074, ¶ 41 (2d Dist.) (observing, “in Ohio at least, expert medical testimony concerning the plaintiff’s mental distress is not always required.

11
State v. Hoffnergreen
ohio · 2004 · cited in 1 Ohio opinions naming this issue, 2022–2022
2 sentences

2022See State v. Hoffner, 102 Ohio St.3d 358 , 2004-Ohio-3430 , 811 N.E.2d 48 .

2022See State v. Hoffner, 102 Ohio St.3d 358 , 2004-Ohio-3430 , 811 N.E.2d 48 .

11
In Re Estate of Woodgreen
ohioctapp · 1977 · cited in 1 Ohio opinions naming this issue, 2014–2014
1 sentence

2014Wood, 55 Ohio App. 2d at 73-74 (noting that the facts and circumstances vary so much from case to case that it is impossible to set forth a blanket rule other than 6 We note that the United States Supreme Court has stated that there is a strong presumption as to the reasonableness of the lodestar and that an enhancement should be reserved for rare circumstances in which the lodestar does not adequately take into account a factor important to determining a reasonable fee.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Ohio opinions naming this issue, 2013–2013
2 sentences

2013He also makes a blanket claim that counsel rendered deficient performance with respect to “arguments addressed elsewhere in [his] brief.” {¶ 81} To establish his claim, Wesson bears the burden to demonstrate that counsel’s performance “fell below an objective standard of reasonableness” as determined by “prevailing professional norms” and to demonstrate “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 688, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2013He also makes a blanket claim that counsel rendered deficient performance with respect to “arguments addressed elsewhere in [his] brief.” {¶ 81} To establish his claim, Wesson bears the burden to demonstrate that counsel’s performance “fell below an objective standard of reasonableness” as determined by “prevailing professional norms” and to demonstrate “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 688, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

11
River Terrace Condominium Assn. v. Lewisgreen
ohioctapp · 1986 · cited in 1 Ohio opinions naming this issue, 2009–2009
11
Cater v. Clevelandgreen
ohio · 1998 · cited in 1 Ohio opinions naming this issue, 2006–2006
11
Sobiski v. Cuyahoga Cnty. D. C. F.S., Unpublished Decision (11-18-2004)green
ohioctapp · 2004 · cited in 1 Ohio opinions naming this issue, 2006–2006
11
Advance Mortgage Corp. v. Novakgreen
ohioctapp · 1977 · cited in 1 Ohio opinions naming this issue, 2004–2004
11
State v. Kirkgreen
ohio · 1995 · cited in 1 Ohio opinions naming this issue, 1999–1999
11
Police & Fire Retirees of Ohio, Inc. v. Police & Firemen's Disability & Pension Fundgreen
ohio · 1985 · cited in 1 Ohio opinions naming this issue, 1992–1992
11
National Labor Relations Board v. Robbins Tire & Rubber Co.green
scotus · 1978 · cited in 1 Ohio opinions naming this issue, 1990–1990
11
Barker v. Stategreen
ohio · 1980 · cited in 1 Ohio opinions naming this issue, 1982–1982
11
Griswold v. Connecticutgreen
scotus · 1965 · cited in 1 Ohio opinions naming this issue, 1972–1972
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Glimcher v. Glimchergreen
ohioctapp · 1971 · cited in 1 Ohio opinions naming this issue, 2019–2019
2 sentences

2019Highland No. 13A13, 2014-Ohio-793, ¶ 18 (“reliance upon an unwritten local rule” and/or “enforcement of a blanket rule disallowing child testimony in domestic matters * * * result[s] in a deprivation of due process”); but see Glimcher v. Glimcher, 29 Ohio App.2d 55 , 278 N.E.2d 37 (10th Dist.1971) (“[w]e do not condone the practice of a parent causing minor children to testify against the other parent in a divorce action”).

2019Highland No. 13A13, 2014-Ohio-793, ¶ 18 (“reliance upon an unwritten local rule” and/or “enforcement of a blanket rule disallowing child testimony in domestic matters * * * result[s] in a deprivation of due process”); but see Glimcher v. Glimcher, 29 Ohio App.2d 55 , 278 N.E.2d 37 (10th Dist.1971) (“[w]e do not condone the practice of a parent causing minor children to testify against the other parent in a divorce action”).

11

Also cited on this issue (60)

CaseCitedYears
Summers v. Slivinsky green
ohioctapp · 2001
2 sentences

2007Id." Summers v. Slivinsky , 141 Ohio App.3d 82 , 86-87 , 2001-Ohio-3169 (overruled on other grounds), Allied Erecting Dismantling Co., Inc. v. Youngstown , 151 Ohio App.3d 16 , 2002-Ohio-5179 . {¶ 12} Under the first tier, Doolittle concedes that the Board of Health is a political subdivision pursuant to R.C. 2744.01 (F) and thus, is entitled to the blanket immunity as set forth in R.C. 2744.02 (A)(1).

2007Id." Summers v. Slivinsky, 141 Ohio App.3d 82 , 86-87 , 2001-Ohio-3169 (overruled on other grounds), Allied Erecting Dismantling Co., Inc. v. Youngstown, 151 Ohio App.3d 16 , 2002-Ohio-5179 . {¶ 12} Under the first tier, Doolittle concedes that the Board of Health is a political subdivision pursuant to R.C. 2744.01 (F) and thus, is entitled to the blanket immunity as set forth in R.C. 2744.02 (A)(1).

22007–2007
Allied Erecting & Dismantling Co. v. City of Youngstown green
ohioctapp · 2002
2 sentences

2007Id." Summers v. Slivinsky , 141 Ohio App.3d 82 , 86-87 , 2001-Ohio-3169 (overruled on other grounds), Allied Erecting Dismantling Co., Inc. v. Youngstown , 151 Ohio App.3d 16 , 2002-Ohio-5179 . {¶ 12} Under the first tier, Doolittle concedes that the Board of Health is a political subdivision pursuant to R.C. 2744.01 (F) and thus, is entitled to the blanket immunity as set forth in R.C. 2744.02 (A)(1).

2007Id." Summers v. Slivinsky, 141 Ohio App.3d 82 , 86-87 , 2001-Ohio-3169 (overruled on other grounds), Allied Erecting Dismantling Co., Inc. v. Youngstown, 151 Ohio App.3d 16 , 2002-Ohio-5179 . {¶ 12} Under the first tier, Doolittle concedes that the Board of Health is a political subdivision pursuant to R.C. 2744.01 (F) and thus, is entitled to the blanket immunity as set forth in R.C. 2744.02 (A)(1).

22007–2007
Feitshans v. Darke County green
ohioctapp · 1996
2 sentences

2005Furthermore, this Court has previously held that a governmental entity "need not have been acting in a discretionary manner in order to invoke the broad blanket immunity provided by R.C. 2744.02 (A)(1)." Feitshans v. Darke County (1996), 116 Ohio App.3d 14 , 22 , 686 N.E.2d 536 .

2005Furthermore, this Court has previously held that a governmental entity "need not have been acting in a discretionary manner in order to invoke the broad blanket immunity provided by R.C. 2744.02 (A)(1)." Feitshans v. Darke County (1996), 116 Ohio App.3d 14 , 22 , 686 N.E.2d 536 .

21999–2005
Palazzolo v. Rhode Island green
scotus · 2001
2 sentences

2002A blanket rule that purchasers with notice have no compensation right when a claim becomes ripe is too blunt an instrument to accord with the duty to compensate for what is taken.” (Emphasis added and citations omitted.) Palazzolo, 533 U.S. at 626-628 , 121 S.Ct. at 2462-2463 , 150 L.Ed.2d at 613-614 .

2002A blanket rule that purchasers with notice have no compensation right when a claim becomes ripe is too blunt an instrument to accord with the duty to compensate for what is taken.” (Emphasis added and citations omitted.) Palazzolo, 533 U.S. at 626-628 , 121 S.Ct. at 2462-2463 , 150 L.Ed.2d at 613-614 .

22002–2002
Harris v. Kennedy neutral
ohioctapp · 1996
2 sentences

2000R.C. 2744.03 (A) (6) (a-c); Harris v. Kennedy (1996), 116 Ohio App.3d 687 , 691 .

1999R.C. § 2744.03 (A)(6) (a-c); Harris v. Kennedy (1996), 116 Ohio App.3d 687 , 691 .

21999–2000
cluster 10839159 green
·
1 sentence

2026Notably, perceivability was absent from the “physical defect” definition set out in Hoskins. 3 The School District argues, in its appellate brief, “[o]ne cannot determine or perceive the ‘hardness’ of [the sand in the pit] simply by feeling on one’s skin that the ambient air temperature is cold and observing that the surface of the sand may not have been raked.” (Emphasis added.) 2026-Ohio-1225, at ¶ 16 .

12026–2026
Morgan v. Illinois green
scotus · 1992
1 sentence

2025Instead, in determining whether a juror was actually biased, a reviewing court must consider the entire record and determine whether it demonstrates that the juror was actually biased against the defendant. {¶ 55} In support of his argument, Rogers relies on three cases—Johnson v. Armontrout, 961 F.2d 748 (8th Cir. 1992), Hughes v. United States, 258 F.3d 453 (6th Cir. 2001), and Morgan v. Illinois, 504 U.S. 719 (1992)—in which courts in other contexts found collective responses by prospective jurors inadequate, by themselves, to ensure impartiality.

12025–2025
Gerald Glenn Johnson v. Bill Armontrout green
ca8 · 1992
1 sentence

2025Instead, in determining whether a juror was actually biased, a reviewing court must consider the entire record and determine whether it demonstrates that the juror was actually biased against the defendant. {¶ 55} In support of his argument, Rogers relies on three cases—Johnson v. Armontrout, 961 F.2d 748 (8th Cir. 1992), Hughes v. United States, 258 F.3d 453 (6th Cir. 2001), and Morgan v. Illinois, 504 U.S. 719 (1992)—in which courts in other contexts found collective responses by prospective jurors inadequate, by themselves, to ensure impartiality.

12025–2025
Marshall Dwayne Hughes v. United States green
ca6 · 2001
1 sentence

2025Instead, in determining whether a juror was actually biased, a reviewing court must consider the entire record and determine whether it demonstrates that the juror was actually biased against the defendant. {¶ 55} In support of his argument, Rogers relies on three cases—Johnson v. Armontrout, 961 F.2d 748 (8th Cir. 1992), Hughes v. United States, 258 F.3d 453 (6th Cir. 2001), and Morgan v. Illinois, 504 U.S. 719 (1992)—in which courts in other contexts found collective responses by prospective jurors inadequate, by themselves, to ensure impartiality.

12025–2025
State v. Keenan green
ohio · 1998
2 sentences

2022State v. Keenan, 81 Ohio St.3d 133, 142 , 689 N.E.2d 929 (1998) (determining that the admission of hearsay was “[n]onconstitutional error”5 even though there was no Confrontation Clause violation because the declarant testified).

2022State v. Keenan, 81 Ohio St.3d 133, 142 , 689 N.E.2d 929 (1998) (determining that the admission of hearsay was “[n]onconstitutional error”5 even though there was no Confrontation Clause violation because the declarant testified).

12022–2022
Cuyahoga County Department of Children & Family Services v. Evans green
ohio · 2004
1 sentence

2021In re B.E., 102 Ohio St.3d 388 , 2004-Ohio-3361 . {¶19} The supreme court rejected the blanket rule that an App.R. 9(C) statement may never be used where a court fails to comply with its recording obligation.

12021–2021
Sauer v. Cox neutral
ohsuperctcinci · 1898
1 sentence

2019See, e.g., Civ.R. 64 (preserving remedies providing “for seizure of person or property” for the purposes of securing satisfaction of judgment during course of an action); Civ.R. 65 (providing for preliminary injunctions and temporary restraining orders); Sauer v. Cox, 5 Ohio N.P. 460 , 7 Ohio Dec. 507 , 508, 1897 Ohio Misc.

12019–2019
Bellman v. American International Group green
ohio · 2007
1 sentence

2018Group, 113 Ohio St.3d 323 , 2007-Ohio- 2071, ¶7, quoting Black’s Law Dictionary 1149 (8th Ed.2004). {¶27} In adopting appellees’ position regarding the parol evidence rule, the trial court essentially established a blanket rule that all the elements must be satisfied within the document in every case.

12018–2018
State ex rel. Gessner v. Vore green
ohio · 2009
2 sentences

2018Gessner v. Vore , 123 Ohio St.3d 96 , 2009-Ohio-4150 , 914 N.E.2d 376 , ¶ 5. " 'It is well established that pro se litigants are presumed to have knowledge of the law and legal procedures and that they are held to the same standard as litigants who are represented by counsel.' " (Italics sic.) State ex rel.

2018Gessner v. Vore , 123 Ohio St.3d 96 , 2009-Ohio-4150 , 914 N.E.2d 376 , ¶ 5. " 'It is well established that pro se litigants are presumed to have knowledge of the law and legal procedures and that they are held to the same standard as litigants who are represented by counsel.' " (Italics sic.) State ex rel.

12018–2018
Mitchell v. United States green
scotus · 1999
1 sentence

2017Id. {¶ 25} White was a death penalty case in which the Kentucky Supreme Court originally found no error in the trial court’s denial, during the sentencing phase, of a blanket instruction that the defendant was “ ‘not compelled to testify and the fact that the defendant did not testify should not prejudice him in any way.” (Emphasis sic.) Id. at 1704.

12017–2017
State v. Guerra green
ohioctapp · 2016
1 sentence

2017Miami No. 2015-CA-28, 2016-Ohio-5647 , 2016 WL 4591377 , ¶ 9 ; see also R.C. 2953.08(D)(1).

12017–2017
cluster 2358 green
·
2 sentences

2014Perdue v. Kenny A., 559 U.S. 542 , 552-553, 130 S. Ct. 1662 , 176 L.

2014Perdue v. Kenny A., 559 U.S. 542 , 552-553, 130 S. Ct. 1662 , 176 L.

12014–2014
Porter v. Ferrall, Unpublished Decision (12-5-2003) green
ohioctapp · 2003
1 sentence

2014Portage No. 2002-P-0109, 2003-Ohio-6685, ¶ 18 . {¶28} We are mindful that a blanket rule requiring a hearing every time an objecting party invokes the talismanic words of Civ.R. 53(D)(4)(d) could lead to an abuse of that rule.

12014–2014
State v. Stephens green
ohio · 2008
12012–2012
State v. Johnson green
ohio · 2008
12012–2012
Bedford v. McLeod neutral
ohioctapp · 2011
1 sentence

2012No. 94649, 2011-Ohio-3380, ¶ 16 , citing Bedford v. Clark, 8th Dist.

12012–2012
State v. Martin, Unpublished Decision (11-15-2007) green
ohioctapp · 2007
12012–2012
State Ex Rel. Fisher v. City of Cleveland, Unpublished Decision (8-19-2004) green
ohioctapp · 2004
12011–2011
Harper v. Ohio Adult Parole Auth. neutral
ohio · 1998
12011–2011
State ex rel. Fisher v. City of Cleveland neutral
ohio · 2006
12011–2011
Ziegler v. Mahoning County Sheriff's Department green
ohioctapp · 2000
12009–2009
Blue View Corp. v. Rhynes, Unpublished Decision (8-9-2006) green
ohioctapp · 2006
12009–2009
Strother v. Hutchinson green
ohio · 1981
12008–2008
Rankin v. C.C.D.C.F.S., Unpublished Decision (12-21-2006) green
ohioctapp · 2006
12008–2008
Richards v. Wisconsin green
scotus · 1997
12007–2007
State v. O'Brien green
ohio · 1987
12007–2007
State v. Said green
ohio · 1994
12007–2007
Curran v. State Automobile Mutual Ins. green
ohio · 1971
12006–2006
Huffman v. Hair Surgeon, Inc. green
ohio · 1985
12006–2006
O'Buck v. Cottonwood Village Condominium Ass'n green
alaska · 1988
12006–2006
Adomeit v. Baltimore green
ohioctapp · 1974
12004–2004
Babbitt v. Norfolk & Western Railway Company green
ca6 · 1997
12003–2003
Bondi v. Bondi green
neb · 1998
12003–2003
Masino v. Masino green
missctapp · 2002
12003–2003
Wehrum v. Wehrum green
fladistctapp · 1999
12003–2003

Statutes the citing opinions construe

OH § Ohio Rev. Code § 149.43 (5) OH § Ohio Rev. Code § 3109.04 (3)

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

CA 195 (1967–2026) TX 85 (1929–2026) IL 84 (1978–2026) PA 83 (1943–2025) NY 76 (1962–2026) OH 64 (1972–2026) WI 60 (1980–2026) FL 55 (1969–2024) WA 44 (1973–2021) LA 36 (1981–2024) MD 31 (1979–2022) MI 29 (1968–2026) UT 27 (1980–2025) MN 27 (1972–2025) NJ 26 (1983–2025) MA 25 (1993–2025) DC 24 (1977–2025) CT 24 (1966–2026) CO 23 (1986–2026) IN 22 (1974–2025) OR 21 (1920–2024) AL 21 (1921–2024) GA 19 (1990–2026) WV 19 (1992–2024) KS 19 (1928–2025) TN 18 (1997–2018) NM 18 (1992–2025) MO 14 (1992–2025) MS 13 (1983–2019) AZ 13 (1989–2025) NH 13 (1987–2022) WY 12 (1994–2023) ND 12 (1993–2021) VT 11 (1985–2022) NE 11 (1993–2025) DE 11 (1986–2026) IA 10 (1982–2019) VA 10 (1981–2015) ID 10 (1979–2019) NC 9 (1984–2020) AR 8 (1991–2013) ME 8 (1952–2019) MT 8 (1998–2025) KY 7 (1970–2014) HI 7 (2010–2021) SD 6 (1999–2015) NV 5 (1910–2021) AK 5 (1978–2017) RI 5 (1991–2010) SC 4 (1973–2025) VI 4 (2010–2026) OK 2 (2010–2014)

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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