Jillian Dinehart at Marshall Dennehey

Sixth Circuit Discredits IRS Mileage Rate as Sufficient Payment to Employee Drivers Under the FLSA

Parker v. Battle Creek Pizza, Inc. & Bradford v. Team Pizza, Inc., Nos. 22-2119/3561 (6th Cir. Mar. 12, 2024) (not yet reported) - The Sixth Circuit recently considered a consolidated appeal regarding how delivery drivers...more

6/14/2024 / Delivery Drivers , Fair Labor Standards Act (FLSA) , IRS , Mileage Reimbursement , Minimum Wage , Wage and Hour

More Than Testimony Is Needed to Establish an Emergency Call for Immunity Purposes

Robinson v. Cleveland, 8th Dist. Cuyahoga No. 112798, 2024-Ohio-969 - A Cleveland police officer was stopped at a stop light. Without turning on his lights and sirens, he checked for oncoming traffic and advanced through the...more

4/30/2024 / Bodily Injury , Car Accident , Emergency Response , Genuine Issue of Material Fact , Police , Qualified Immunity , Testimony

Where to Draw the Line: Superseding Causes and Duty

Baker v. Bunker Hill Haven Home, 12th Dist. Butler No. CA2023-08-095, 2024-Ohio-875 - Todd Howard was a resident at Bunker Hill, a home for wayward boys. He snuck out of the facility to meet with his friends, Zeb Freeman and...more

4/30/2024 / Car Accident , Liability , Public Entities , Supervision

Mistake of Fact Is Insufficient for Qualified Immunity in an Operating While Intoxicated Arrest.

Akima v. Peca, 85 F.4th 416 (6th Cir. 2023) - The plaintiff, an Asian male in the U.S. on a visa, was pulled over for a broken headlight. The plaintiff attempted to exit the vehicle during the stop, allegedly a possible sign...more

2/28/2024 / Arrest , False Arrest , Field Sobriety Tests , Intoxication , Law Enforcement , Public Entities , Qualified Immunity

Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Lewicki v. Grange Ins. Co., 8th Dist. Cuyahoga No. 112705, 2023-Ohio-4544 - The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a...more

2/26/2024 / Bad Faith , Denial of Insurance Coverage , Insurance Claims , Insurance Litigation , Negligence , Property Owners , Statute of Limitations

Ohio Reviews Exceptions to Res Judicata for the First Time

AJZ’s Hauling, LLC v. TruNorth Warranty Programs of North America, 2023-Ohio-3097 - Ohio has recognized that there are exceptions to the application of res judicata in extraordinary circumstances but has never applied such an...more

11/22/2023 / Arbitration , Arbitration Agreements , Liability , Res Judicata

Clearly Established Constitutional Right: A Fact-Specific, Published Finding Is Necessary to Clearly Establish a “Private Act of...

Linden v. City of Southfield, Michigan, No. 22-1681, Jul. 26, 2023 - Emergency medical personnel were granted qualified immunity after pronouncing a person dead, despite her still demonstrating respiratory movement and...more

10/5/2023 / Emergency Medical Services (EMS) , First Responders , Fourteenth Amendment , Qualified Immunity

Ohio Civil Rule 15(A) Discourages a Prompt Motion for Judgment on the Pleadings

In a surprising win by a pro se plaintiff against a large law firm, the Eighth District Court of Appeals reminded counsel of a plaintiff’s absolute right to amend their complaint. In this case, the appellate court held that...more

8/9/2023 / Amended Complaints , Motion for Judgment , Pleadings , Rules of Civil Procedure

Emergency Vehicle Driver May Be Found Reckless if He Runs a Red Light, Even With Lights and Sirens on, for Purposes of Ohio...

The plaintiff was approaching an intersection at the same time as a township fire truck, resulting in a collision. The plaintiff sued the township and the driver of the fire truck, a township employee. The fire truck was...more

4/12/2023 / Car Accident , Liability , Reckless Driving

Jillian Dinehart

Marshall Dennehey

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