Barry v. A.E. Steel Erectors, Inc.

2 Citing cases

  1. Ulrick v. Kunz

    349 F. App'x 99 (6th Cir. 2009)   Cited 2 times

    The Ohio legislature's third attempt, embodied in a statute which became effective April 7, 2005, see R.C. § 2745.01, has thus far been found unconstitutional by Ohio appellate courts in the 7th, 8th, and 11th Districts. See Fleming v. AAS Serv., Inc., 177 Ohio App.3d 778, 896 N.E.2d 175, 184 (Ohio Ct.App. 2008); Barry v. A.E. Steel Erectors, Inc., No. 90436, 2008 WL 2835245 (Ohio Ct.App. July 24, 2008); Kaminski v. Metal Wire Prods. Co., 175 Ohio App.3d 227, 886 N.E.2d 262 (Ohio Ct.App. 2008). The Ohio Supreme Court has granted review in Fleming and Kaminski but has not yet announced its rulings.

  2. Ulrick v. Kunz

    594 F. Supp. 2d 847 (N.D. Ohio 2009)

    The Court is also aware that decisions of Ohio appellate courts call the constitutionality of R.C. § 2745.01(A) into question. See Fleming v. AAS Serv., Inc., 177 Ohio App. 3d 778 (Ohio App. 11th Dist. 2008) (finding the statute unconstitutional); Barry v. A.E. Steel Erectors, Inc., No. 90436, 2008 WL 2835245 (Ohio App. 8th Dist. July 24, 2008) (same); Kaminski v. Metal Wire Prods. Co., 175 Ohio App. 3d 227 (Ohio App. 7th Dist. 2008) (same). Therefore, the Court will apply the common law claim outlined in Fyffe as the proper test, as both parties did in their briefs.