News and information useful to Cleveland-Marshall College of Law students, faculty and staff.

Archive for November 29th, 2011

Fair Housing Clinic Wins on Discovery Stay Issue in Ohio 8th District

C|M|LAW’s Fair Housing Clinic successfully appealed a foreclosure case in the Ohio Eighth District Court of Appeals.   The Eighth District found that the trial court abused its discretion when it denied the Clinic’s reasonable Civ.R. 56(F) motion for discovery time and proceeded to grant summary judgment in favor of the plaintiff bank.  The decision remands the case back to the trial court for discovery on fair housing and other consumer protection law claims in this foreclosure case against an African-American and American Indian family.  Beal Bank S.S.B. v.  Means, Cuyahoga App. No. 96252, 2011-Ohio-5922.

Jeff Albiez worked on the trial court filings and Neil P. McGowan worked on the appellate brief when they were students in the Fair Housing Clinic.

Ohio Supreme Court Issues New Citation Manual

The  Ohio Supreme Court just released the Supreme Court of Ohio Writing Manual (effective Jan. 1, 2012).  It can be found in the same place on the Supreme Court’s website as the previous citation manual, under Clerk of Court and Case Information>Reporter of Decisions.  According to the Court’s press release, changes include:

  • The date of a judicial opinion now appears at the end of the citation. (E.g. Greene Cty. Agricultural Soc. v. Liming, 89 Ohio St.3d 551, 554, 733 N.E.2d 1141 (2000), fn. 3.)
  • Signals are now italicized.
  • Citations of print-published appellate cases now identify the district of decision. (E.g. State v. Crandall, 9 Ohio App.3d 291, 292, 460 N.E.2d 296 (1st Dist. 1983) , Byer v. Wright, 160 Ohio App.3d 472, 2005-Ohio-1797, 827 N.E.2d 835 (11th Dist.).)
  • The federal circuits are now identified using “Cir.,” e.g., 6th Cir. instead of C.A.6.
  • Federal statutes are now cited using “U.S.C.,” e.g., 42 U.S.C. 1982 instead of Section 1982, Title 42, U.S. Code.
  • Ohio case citations no longer include Ohio Bar Reports (OBR) or Ohio Opinions (O.O., O.O.2d, O.O.3d).
  • Block quotations now may be used.
  • Citations in footnotes are disfavored.

Briefs filed with Ohio state courts should use this citation format.