Opinion · Ohio Supreme Court

Stetter v. R.J. Corman Derailment Servs., L.L.C.

119 Ohio St. 3d 1405

Type
Opinion
Court
Ohio Supreme Court
Jurisdiction
Ohio
Date
2008-08-06
Topic
general

Certified Questions of State Law, United States District Court, Northern District of Ohio, Western Division, Case No. 3:07CV866. On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The court will answer the following questions: 1. Is R.C. § 2745.01, as amended by Senate Bill 80, effective April 7, 2005, unconstitutional for violating the right to trial by jury? 2.

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Cited by
2 opinions

Certified Questions of State Law, United States District Court, Northern District of Ohio, Western Division, Case No. 3:07CV866. On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The court will answer the following questions:

1. Is R.C. § 2745.01, as amended by Senate Bill 80, effective April 7, 2005, unconstitutional for violating the right to trial by jury?

2. Is R.C. § 2745.01, as amended by Senate Bill 80, effective April 7, 2005, unconstitutional for violating the right to a remedy?

3. Is R.C. § 2745.01, as amended by Senate Bill 80, effective April 7, 2005, unconstitutional for violating the right to an open court?

4. Is R.C. § 2745.01, as amended by Senate Bill 80, effective April 7, 2005, unconstitutional for violating the right to due process of law?

5. Is R.C. § 2745.01, as amended by Senate Bill 80, effective April 7, 2005, unconstitutional for violating the right to equal protection of the law?

6. Is R.C. § 2745.01, as amended by Senate Bill 80, effective April 7, 2005, unconstitutional for violating the separation of powers.

7. Is R.C. § 2745.01, as amended by Senate Bill 80, effective April 7, 2005, unconstitutional for conflicting with the legislative authority granted to the General Assembly by § 34 and § 35, Article II, of the Ohio Constitution?

8 Does R.C. § 2745.01, as amended by Senate Bill 80, effective April 7, 2005, do away with the common law cause of action for employer intentional tort?