JobsOhio case moves to Tenth District Court of Appeals.

There have not been many posts here lately due to the expedited schedule for the JobsOhio case in the 10th District Court of Appeals.  The appeal was filed in late December and briefing was completed in January.  The case was argued before a three judge panel consisting of Judges Gary Tyack, Julia Dorrian and Lisa Sadler.

The issue at this time concern only whether the plaintiffs have the ability to bring the action under Ohio law allowing standing for plaintiff regardless of any personal injury.  In Ohio, no personal injury needs to be alleged if the matter is one of great public interest and importance.   Plaintiff’s argue that major public policy changes dismantling a state agency and replacing it with a secret private entity is clearly a matter of great public importance.  Defendants have no actual response to this and instead argue that one case determined in the 1990’s eliminated public interest standing.  They argue that this is the case despite the fact that the case itself does not say that and several cases that followed through the 2000’s further confirmed that public interest standing is alive and well in Ohio.

The decision by the court is expected within the next few months.

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