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Justia Daily Opinion Summaries

Supreme Court of Ohio
August 13, 2020

Table of Contents

State ex rel. Ware v. Pureval

Civil Procedure

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Cornell Law professor Sherry F. Colb explores why people have such strong feelings about the #MeToo movement (whether they are advocates or opponents) and suggests that both sides rest their positions on contested empirical assumptions about the behavior of men and women. Colb argues that what we believe to be true of men and women generally contributes to our conclusions about the #MeToo movement and our perceptions about how best to handle the accusations of those who come forward.

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Supreme Court of Ohio Opinions

State ex rel. Ware v. Pureval

Citation: 2020-Ohio-4024

Opinion Date: August 12, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure

The Supreme Court reversed the judgment of the court of appeals dismissing Plaintiff's complaint for a writ of mandamus for noncompliance with Ohio Rev. Code 2969.25(A), holding that where the court's sole basis for dismissing the complaint may have been the result of a docketing error, the complaint should not have been dismissed. When Appellant, an inmate, did not get the desired response to his public-records requests he filed a complaint for a writ of mandamus. The court of appeals dismissed the complaint based on Appellant's alleged failure to file an affidavit of prior actions, as required by Ohio Rev. Code 2969.25(A). The Supreme Court reversed and remanded the case for further proceedings, holding that where the time-stamped affidavit supported Appellant's allegation that he complied with the statute and that the clerk's office failed to place the affidavit in the court file, the court of appeals erred in dismissing the complaint.

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