McFADDEN v. CLEVELAND STATE UNIV.

No. 2007-0705.

120 Ohio St.3d 54 (2008)

2008-Ohio-4914

McFADDEN, Appellant, v. CLEVELAND STATE UNIVERSITY, Appellee.

Supreme Court of Ohio.

Decided October 2, 2008.


Attorney(s) appearing for the Case

Gallagher Sharp and Timothy J. Fitzgerald; and Dennis J. Niermann Co., L.P.A., and Dennis J. Niermann, for appellant.

Nancy Hardin Rogers, Attorney General, Benjamin C. Mizer, Solicitor General, Kimberly A. Olson, Deputy Solicitor, Susan M. Sullivan, Assistant Solicitor, and Randall P. Knutti, Assistant Attorney General, for appellee.


MOYER, C.J.

I

{¶ 1} This appeal presents two issues for our consideration: (1) whether en banc proceedings in a court of appeals violate Section 3(A), Article IV of the Ohio Constitution and (2) if they do not violate the Constitution, whether a court of appeals errs by refusing to convene en banc to resolve an intradistrict conflict in two or more opinions rendered by the court...

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