McCuiston v. Addressograph-Multigraph Corp.

1 Citing case

  1. Corban v. Chesapeake Expl., L.L.C.

    2016 Ohio 5796 (Ohio 2016)   Cited 65 times
    In Corban, the Ohio Supreme Court held the 2006 DMA applies prospectively to all claims that mineral rights have been abandoned that are asserted after the DMA's effective date.

    Mun. Resale Serv. Customers v. Fed. Energy Regulatory Comm., 43 F.3d 1046, 1053 (6th Cir.1995) ; see, e.g., Rowe v. New Hampshire Motor Transport Assn., 552 U.S. 364, 372, 128 S.Ct. 989, 169 L.Ed.2d 933 (2008) (statute's " ‘deemed to know’ provision * * * creates a conclusive presumption of carrier knowledge"); Ohio Power Co. v. Fed. Energy Regulatory Comm., 954 F.2d 779, 783 (D.C.Cir.1992) (word "deemed" in regulation establishes conclusive presumption); Butts v. Bysiewicz, 298 Conn. 665, 684, 5 A.3d 932 (2010) ( "it is apparent that this term [‘deem’] can indicate a conclusive presumption"); Hutchinson Technology, Inc. v. Commr. of Revenue, 698 N.W.2d 1, 13 (Minn.2005) (" ‘in our statutes the word "deemed" appears to be treated as creating a conclusive presumption’ "), quoting First Natl. Bank of Mankato v. Wilson, 234 Minn. 160, 164, 47 N.W.2d 764 (1951) ; McCuiston v. Addressograph–Multigraph Corp., 308 N.C. 665, 669, 303 S.E.2d 795 (1983), fn. 3 ("the phrase ‘shall be deemed incapable of producing occupational loss of hearing’ creates a conclusive presumption"); Gulf Oil Corp. v. Heath, 255 Ark. 604, 609, 501 S.W.2d 787 (1973) (interpreting the word "deemed" as creating conclusive presumption); State ex rel. Morrison v. Thomas, 80 Ariz. 327, 333, 297 P.2d 624 (1956) (same). {¶ 23} In State ex rel. Walker v. Clark, 144 Ohio St. 305, 311, 58 N.E.2d 773 (1944), we noted that "[a] conclusive presumption may be defined as an inference which the law makes so peremptory that it may not be overcome by any contrary proof, however strong."