What About the Bar Exam After the 2020 Dust Settles?

VIKRAM DAVID AMAR

Illinois law dean and professor Vikram David Amar comments on some of the questions commentators and analysts are, or will soon be, asking—specifically why we have bar exams for legal licensure, and, assuming we retain them, what they should look like going forward. Amar observes the limitations of the so-called diploma privilege advocated by some and suggests that states adopt greater interstate uniformity in their bar exams, shift toward more performance (as opposed to memorization) exams, and move away from being so time pressured.

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Crown Services, Inc. v. Miami Valley Paper Tube Co.

Citation: 2020-Ohio-4409

Opinion Date: September 15, 2020

Judge: Stewart

Areas of Law: Civil Procedure, Personal Injury

The Supreme Court affirmed the judgment of the court of appeals dismissing Plaintiffs' appeal from the trial court's dismissal of Plaintiffs' complaint on the basis that a dismissal without prejudice based on forum non conveniens is not a final, appealable order, holding a trial court's order dismissing a case without prejudice based on the doctrine of forum non conveniens is not a final, appealable order pursuant to Ohio Rev. Code 2505.02. Plaintiffs were obligated under Kentucky law to pay workers' compensation benefits to a worker who was injured at Defendant's facility. They subsequently filed a lawsuit against against Defendant in the Cuyahoga County Court of Common Pleas in Ohio, seeking to recover the amount that they had been required to pay. Defendant filed a motion to dismiss the complaint based on the doctrine of forum non conveniens, arguing that the action should be filed in the Circuit Court in Grant County, Kentucky. The trial court dismissed the case, without prejudice, based on forum non conveniens. The court of appeals dismissed Plaintiffs' appeal on the basis that a dismissal without prejudice based on forum non conveniens is not a final, appealable order. The Supreme Court affirmed, holding that the dismissal in this case was not a final, appealable order.

Put-in-Bay v. Mathys

Citation: 2020-Ohio-4421

Opinion Date: September 16, 2020

Judge: Stewart

Areas of Law: Constitutional Law, Tax Law, Transportation Law

The Supreme Court held that Section 858.01 of the Codified Ordinances of the Village of Put-In-Bay does not impose an unconstitutional tax on motor vehicles. The Village filed separate criminal complaints against Defendants, who operated businesses that made motorized golf cars available for rent within the Village, for failing to pay the annual license fee on their golf carts. The trial court dismissed the criminal complaints on the basis that section 858.01 is for a similar purpose as the annual state license tax levied on the operation of motor vehicles under Ohio Rev. Code 4503.02 and the local government tax permitted by Ohio Rev. Code 4504.02 and 4504.06. The court of appeals reversed, concluding that section 858.01 was not preempted by state law and did not violate Ohio Const. art. XII, 5a. The Supreme Court affirmed, holding (1) the tax is a constitutional exercise of the municipality's right to tax; and (2) section 858.01 does not impose an unconstitutional tax.

State ex rel. Fraley v. Ohio Department of Rehabilitation & Correction

Citation: 2020-Ohio-4410

Opinion Date: September 15, 2020

Judge: Per Curiam

Areas of Law: Criminal Law, Government & Administrative Law

The Supreme Court granted a writ of mandamus to compel the Ohio Department of Rehabilitation and Correction and its director (collectively, DRC) to revise their calculation of Charles Fraley's prison sentence, holding that Fraley was entitled to a writ of mandamus compelling DRC to correct its records. In this case, the sentencing court imposed an aggregate sentence of ten years. However, DRC computed Fraley's sentence to be an aggregate term of thirteen years. In his petition for a writ of mandamus Fraley argued that DRC was under a clear legal duty to follow the sentencing judge's entries. The Supreme Court agreed, holding (1) Fraley did not have an alternative remedy that would preclude the possibility of a writ of mandamus; and (2) DRC had a clear legal duty to carry out the sentence that the trial court imposed.

State ex rel. Omni Manor, Inc. v. Industrial Commission

Citation: 2020-Ohio-4422

Opinion Date: September 16, 2020

Judge: Per Curiam

Areas of Law: Government & Administrative Law, Labor & Employment Law, Personal Injury

The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus ordering the Industrial Commission to vacate an award of medical-service reimbursement to Diana Garringer for a right reverse total-shoulder arthroplasty, holding that the Commission did not abuse its discretion. Garringer injured her right shoulder while working for Omni Manor. The next year, the Commission granted Garringer's request for medical-service reimbursement for a reverse total-shoulder arthroplasty. Omni Manor requested a writ of mandamus ordering the Commission to vacate its order granting the reimbursement request. The court of appeals denied the request. The Supreme Court affirmed, holding (1) the Commission correctly applied the standard set forth in State ex rel. Miller v. Industrial Commission, 643 N.E.2d 113 (Ohio 1994); and (2) the Commission did not abuse its discretion in considering certain evidence.