Dec 15 2008
Update on Dismissal & Appeal
The day before thanksgiving Judge Wolover dismissed the faculty lawsuit, arguing essentially that he has no authority to rule on our case. His frame of reference was that the Court could not question a business decision (even if it was a bad one), and that the complaint was in the nature of personal services contract issues, and the faculty had other remedies available to them (suing for damages due to breach of contract). Tuesday December 1, the faculty legal group conferred by phone with Evan Price, our attorney and voted unanimously to move forward immediately with an appeal. Evan reports that because the judge ruled on a matter of law, not on the facts of our case, that an appeal will be (legally speaking) straightforward. It will involve a relatively short brief, and a response to the other side’s brief. The appeal will move quickly through the appeal court process (20-day intervals for filing, responding, responding to response, and a time certain for the Appellate court) and we could have a decision by April. Evan thinks we have a good chance of winning our appeal, in which case the complaint would be sent back to Judge Wolover for continuation.
The appeals court consists of a three judge panel, from among the five listed below. We are in the Ohio 2nd Court, see below.
Ohio Second Court of Appeals:
Appellate Judges:
James A. Brogan
Mike Fain
William H. Wolff, Jr.
Mary E. Donovan
Thomas J. Grady
Clark County Courthouse
101 N. Limestone Street
Springfield, Ohio 45502
Ph.: 937.328.2653
Fax: 937.328.2652
Online resources:
District 2 Opinions
Weekly Docket
Local Rules
found at:
www.sconet.state.oh.us/District_Courts/Districts/dc02.asp
See attached documents for more information:
