Ohio Appeals Courts Can Hear Cases En Banc: Judge

Law360, New York (October 3, 2008, 12:00 AM EDT) -- The Supreme Court of Ohio has ruled that the state’s constitution allows appellate courts to hold en banc hearings, and that they must do so to resolve conflicts between different judicial districts.

Chief Justice Thomas J. Moyer, writing on behalf of a 5-2 majority, ruled Thursday that the Ohio constitution does not limit the number of judges at an appellate hearing to three. The ruling came as part of an employment dispute between Cleveland State University and one of its employees.

The employee, Kenneth McFadden, was...
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