Republished from OACTA 2012 Fall Quarterly. The exception to a political subdivision’s immunity under R.C. §2744.02(B)(4) – often referred to as the “physical defect exception” – has been a consistent source of confusion and varying interpretations.  The R.C. §2744.02(B)(4) physical … Continue reading »

The Supreme Court of Ohio recently held that the standards for willful, wanton, and reckless misconduct are not interchangeable. Anderson v. City of Massillon, Slip Opinion No. 2012-Ohio-5711.  In doing so, the high court clarified when a political subdivision or … Continue reading »

Co-Authored by Neil Sarkar.  Republished from OACTA 2012 Fall Quarterly. Whether examining the public or private sector, times are indisputably tough across the board.  In 2008-2009 a global financial and economic crisis crashed the Wall Street party and wreaked havoc … Continue reading »

In a 6-1 decision, the Supreme Court of Ohio held that a civil “claim based on a failure to upgrade is a claim based on a failure of design and construction, for which political subdivisions enjoy immunity.”  Coleman v. Portage … Continue reading »

Long ago, the courts and governmental officials realized that performing public service had the potential for large risks.  At that time, public service was not a well paying alternative.  In fact, most employees were forced to work two jobs in … Continue reading »

One important part of my practice involves providing clients and industry professionals with periodic updates on legal issues of concern to them.  I recently had an opportunity to provide just such an update to a group of folks in San … Continue reading »

When someone sues City Hall or its employees, the battle typically goes like this. The plaintiff wants to get to trial.  The municipal defendant (called a “political subdivision”) wants to stop the case before it goes to trial, usually by … Continue reading »