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Two judges from appellate courts throughout the state served as visiting judges on the Supreme Court of Ohio today hearing oral arguments in five cases. The judges were selected by Chief Justice Thomas J. Moyer to sit in place of Justice Alice Robie Resnick who recused herself from the five cases.
Sitting on the Court today were Judge Anthony O. Calabrese Jr. of the 8th District Court of Appeals and Judge Stephen R. Shaw of the 3rd District Court of Appeals.
Judge Calabrese heard oral arguments in National City Commercial Capital Corp., d.b.a. Information Leasing Corp. v. AAAA At Your Service, Inc., et al., (Case No. 2006-0169) and Disciplinary Counsel v. Bryan Bright Johnson, (Case No. 2006-1197).
The National City case involves a group of non-Ohio businesses that entered into contracts with New-Jersey based NorVergence Inc. for package deals of monthly telecommunications and Internet services. Specifically, the case examines whether a trial court's dismissal of a legal action for lack of personal jurisdiction effectively prevents re-filing of the same claim in trial court. The Disciplinary Counsel matter concerns an attorney discipline case out of Franklin County.
Judge Shaw heard oral arguments in O'Nesti v. DeBartolo Realty Corp., (Case No. 2005-2093), Fehrenbach v. O'Malley, (Case Nos. 2005-2283 & 2005-2301), and Penrod v. Ohio Dept. of Administrative Services, (Case Nos. 2005-2373 & 2005-2374).
The O'Nesti case involves the interpretation and application of two legal doctrines that encourage judicial economy by barring parties whose dispute has already been adjudicated by a court from relitigating the same claim. The Fehrenbach case questions whether the extended time limit for a minor child to file a negligence claim also applies to the time limit for a child's parents to file a “collateral” claim for loss of consortium and medical expenses that the parents have incurred as a result of the child's injuries. The Penrod matter examines whether a public employer who abolishes a civil service position as part of a claimed “reorganization for efficient operation” satisfies legal requirements by showing that it “reasonably projected” greater efficiency as a result of the abolishment, or the employer must also show that the abolishment actually resulted in improved efficiency.
According to the Ohio Constitution, in the event of a recusal by a Justice, the Chief Justice of the Supreme Court can select any of the 68 sitting Ohio appellate court judges to sit temporarily on the Supreme Court.
“We are pleased to have these judges join us today,” Chief Justice Moyer said. “Their participation provides the parties in the case with a court of seven justices despite the recusal of Justice Resnick.”
Archived video of cases argued before the Supreme Court of Ohio since March 2004 are available at: www.supremecourtofohio.gov/videostream.
For a high-resolution, publication-quality photo of Judge Calabrese, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/calabrese_highres.zip.
For a high-resolution, publication-quality photo of Judge Shaw, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/shaw_highres.zip.
Contact: Andrea M. Strle at 614.387.9250.