Landlord Tenant; Summary Judgment; Statutory claim to make repairs, R.C. 5321.04(A)(2); Common law premise liability claim; Open and obvious doctrine applies to common law claim, even when landlord is involved; However, it does not apply to the statutory claim; Pleading indicated both causes were brought; Genuine issue of material fact on notice and violation of the statute; Open and obvious doctrine does apply to unnatural accumulations.
Attorneys for a Fayette County man who is to be retried in a 24- year-old double homicide say their client should not face the death penalty because prosecutors waited too long to seek it. Joseph George Nara, 56, was sentenced in 1984 to life in prison after pleading guilty to the shooting deaths of his common-law wife, DeLorean Churby, 23, and mother-in-law, Virginia Ruth Churby, 61, at a mobile home in Georges.
John Henry Wigmore published a number of comments on the Fifth Amendment in the early days of the journal,5 comments that matured into his magisterial treatment of the Fifth Amendment in his treatise on Evidence.6 In the midsixties, Walter Schaefer, a member of this faculty prior to his appointment to the Illinois Supreme Court, argued against a Miranda-like ruling from the Supreme Court.7 Following in Dean Wigmore's footsteps, Fred Inbau was an early and forceful critic of Miranda8 and another Northwestern journal, the Journal of Criminal Law and Criminology, played an important role in airing the ensuing debate.9 During the decades of the 1980s and 1990s, the Law Review returned to the forefront when it published Joseph Grano's detailed and thoughtful reconsideration and rejection of ...
... maintaining the common law forms of pleading and trial; there were concerns about the inability...
... claim based on the plaintiffs' pleading of the "efficient market theory" to establish reli...
A Fayette County man who will be retried in a 24-year-old double homicide should face the death penalty because he put his children's lives in danger when he broke into a mobile home and shot two women to death, according to a prosecutor. Joseph George Nara, 56, was sentenced in 1984 to life in prison after pleading guilty to the shooting deaths of his common-law wife, DeLorean Churby, 23, and mother-in-law, Virginia Ruth Churby, 61, at a mobile home in Georges.
... adjudication to serve a prodding and pleading function. Understandably resistant to the claim th... as statutes and regulations, to embrace commonlaw duties"); Cipollone v. Liggett Grp., Inc., 505 U.S...
... the rules of technical and formalized pleading which had characterized an earlier era. The 1872 s...
In Bell Atlantic Corp. v. Twombly, the Supreme Court reconsidered Conley v. Gibson 's very liberal notice pleading standard and held that the plaintiff must allege enough to support a plausibility of wrongdoing. This Article considers the Twombly decision within the broader framework of court access regulation and sketches a normative roadmap for designing optimal pleading and merits-based case-screening rules. The Article begins with an analysis of Twombly itself. It argues, contrary to much criticism of the decision, that the Court's plausibility standard represents only a modest departure from traditional notice pleading and that its interpretation of Rule 8(a)(2) is consistent with the text and history of the Rule and in line with the pragmatic vision of the original Federal Rule dr...
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