mistake of fact and mistake of law

• State ex rel. McNea v. Indus. Comm., (Ohio 2010)

Respondents Industrial Commission's and City of Parma's objections to the magistrate's decision recommending the granting of a writ of mandamus. The commission retains jurisdiction to consider claimant's right to permanent total disability compensation based upon (1) new and changed circumstances; (2) fraud; (3) clear mistake of fact; (4) clear mistake of law; and (5) error by inferior tribunal. The failure of the staff hearing officer to address the impact of relator's admitted drug trafficking on the bureau's right to recover paid PTD benefits was a mistake of fact and law which authorized the commission to exercise continuing juridiction. Writ denied.

• Ohio Supreme Court

• 4th U.S. Circuit Court of Appeals Case Summaries: April 1, 2012

Constitutional Law Qualified immunity

...FACTS: Plaintiff Steven Lefemine was the sole proprietor... the government official's error is a mistake of law, a mistake of fact, or a mistake based on m...

• The Daily Record (Baltimore)
• April 08, 2012

• State ex rel. Washington v. Indus. Comm., (Ohio 2005)

Workers Compensation. Modification of a claimant's average weekly wage. To invoke the continuing jurisdiction of the commission under R.C. 4123.52, there must be (1) new and changed circumstance; (2) fraud; (3) clear mistake of fact; (4) clear mistake of law; or (5) error by an inferior tribunal. Newly acquired evidence is not necessarily evidence of new and changed circumstances needed to invoke the commission's continuing jurisdiction. There is a requirement that a party exercise due diligence to discover evidence of new or changed circumstances. Due to the continuing jurisdiction of the commission, the doctrine of res judicata has limited application in industrial cases. Where there is an identity of parties and an identity of issues, res judicata may bar relitigation of a motion to ...

• Ohio Supreme Court

• Groh v. Ramirez, 540 U.S. 551 (2004)

...the persons or things to be seized." The fact that the application adequately described those th... be characterized as a mere technical mistake or typographical error. Rather, in the space set a...

• U.S. Supreme Court

• Pearson v. Callahan, 555 U. S. ____ (2009)

... claims: A court must decide (1) whether the facts alleged or shown by the plaintiff make out a viola... the government official’s error is “a mistake of law, a mistake of fact, or a mistake based on m...

• U.S. Supreme Court

• Frederick Henry v. Robert Purnell, (4th Cir. 2011)

... judgment for Purnell, we recount the facts in the light most favorable to the non-movant, H... was unreasonable (i.e., that Purnell's mistake in using the Glock rather than the Taser was unrea...

• Federal Circuits

• Siembieda v. Coastal Pet Prods., Inc., (Ohio 2013)

Workers Compensation - Jurisdiction of Common Pleas Court

... Stark County Court of Common Pleas.    Facts and Procedural History  {¶2}  In September o...�pursuant to R.C. 4123.52,  alleging a mistake of fact and law occurred because appellee did no...

• Ohio Supreme Court

• Frederick Henry v. Robert Purnell, (4th Cir. 2011)

... judgment for Purnell, we recount the facts in the light most favorable to the non-movant, H... was unreasonable (i.e., that Purnell's mistake in using the Glock rather than the Taser was unrea...

• Federal Circuits

• Frederick Henry v. Robert Purnell, (4th Cir. 2011)

... judgment for Purnell, we recount the facts in the light most favorable to the non-movant, H... was unreasonable (i.e., that Purnell's mistake in using the Glock rather than the Taser was unrea...

• Federal Circuits

• Frederick Henry v. Robert Purnell, (4th Cir. 2011)

... judgment for Purnell, we recount the facts in the light most favorable to the non-movant, H... was unreasonable (i.e., that Purnell's mistake in using the Glock rather than the Taser was unrea...

• Federal Circuits