Marianna Brown Bettman / Mar. & Apr. 2015

Marianna participated, with Professor Moore, in Bloomberg Law podcast on the U.S. Supreme Court case of Ohio v. Clark, analyzing the March 2  argument at the U.S. Supreme Court. Professor Bettman has blogged extensively about the Ohio Supreme Court decision in the case, from which the appeal to the U.S. Supreme Court was taken.

She also helped as a “mooter” for recent UC Law grad Ryan McGraw, who argued before the Supreme Court of Ohio in the case of Amber Sallee (a Minor) v. Stephanie Watts, et al, 2014-0727.  The issue in the case is whether starting a school bus before a student reaches the residence side of the road, in violation of R.C. 4511.75(E), constitutes the negligent operation of a motor vehicle, and thus an exception to political subdivision immunity for which the school district is liable.

Marianna delivered a Continuing Judicial Education presentation on most important 2014 cases from the Supreme Court of Ohio to Hamilton County Municipal Court judges, as well as to Ohio Retired Judges in Columbus, and at this year’s Downtown “Teach-In.”

She arranged and directed this year’s Judge in Residence Program featuring Hon. Solomon Oliver, Jr, Chief Judge of the Northern District of Ohio, with all of its attendant programs.

Marianna’s popular blog Legally Speaking Ohio covered the following topics and issues:

  • Merits Decisions Analyzed
    • Bank, N.A. v. Horn, Slip Opinion No. 2015-Ohio-1484. In a unanimous opinion written by Justice Kennedy, the court held that in a foreclosure action, while a plaintiff must have standing at the time suit is filed, proof of that standing may be submitted later in the proceedings.
    • Sivit v. Village Green of Beachwood, L.P., Slip Opinion No. 2015-Ohio-1193. In a unanimous opinion written by Justice Paul Pfeifer, the court held that this suit by a group of tenants against its landlords for violation of certain provisions of Ohio’s Landlord Tenant Act was a tort, and thus the cap on punitive damages codified at R.C. 2315.21(D)(2)(a) applied.
    • Hoyle v. DTJ Ents., Inc., Slip Opinion No. 2015-Ohio-843. In a 5-2 decision written by Justice French, the court held that a deliberate-intent-to-injure insurance policy exclusion precludes coverage for all employer intentional torts, including those at issue in this case.
  • Oral Argument Previews and Analysis
    • James P. Kuhn v. Kelly L. Kuhn n/k/a Cottle, 2014-0601.  Is a signing bonus for oil and gas rights associated with a piece of property separately owned by one spouse before the marriage, but acquired after the marriage, marital property subject to division in a divorce?
    • Amber Sallee (a Minor) v. Stephanie Watts, et al, 2014-0727.   Is starting a school bus before a student reaches the residence side of the road the operation of a motor vehicle? If it is, then it must be determined if a bus driver is negligent for an injury caused when a child attempts to cross the street later.
    • State of Ohio v. Travis Blankenship, 2014-0363. Do the mandatory sex offender classifications created by Ohio’s version of the Adam Walsh Act in Senate Bill 10 constitute cruel and unusual punishment prohibited by the Eighth Amendment of the United States Constitution and Article I, Section 9 of the Ohio Constitution?
    • Adam Stewart v. Board of Education of Lockland School District, 2014-0164. May for-cause public employees require a governing body to deliberate in public when deciding to terminate an employee?
  • Student Law Review Scholarship posted
    • “Unintended Effects and Inadequate Consumer Benefit: Analyzing Federal Home Loan Mortgage Corp. v. Schwartzwald,” by Jennifer Dollard.

In her monthly column in The American Israelite, Marianna published


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