The Attorney for US Bank recently filed a motion to reconsider the Ohio Supreme Court's decision to dismiss the certified conflict as being moot. He cited authority that states that when an issue of great public importance remains, the Ohio Supreme Court has decided to hear the conflict even if the case has been rendered moot. I believe there is a flaw in this thought process. A certified conflict cannot be rendered moot by the parties. The appellate decision which was fo
On September 21, 2011, the Ohio Supreme Court dismissed the certified conflict as moot. There is not a great deal of case law on the subject because, (1) a certified conflict does not occur that often, and (2) even less often does a case that is certified as a conflict become "moot". In fact, my first reaction when I was asked about the memorandum regarding mootness, was that it did not matter. Even if the case was resolved, there still remained an appellate decision that
If you are following the certified question before the Ohio Supreme Court in Bank of America vs. Duvall then you are aware that Bank of America has recently filed its reply brief. The briefing process can be frustrating at times. Rather than address the issues and arguments presented, the opponents will mischaracterize the argument or the issue.
A number of well educated professionals have differing opinions on the issue. Rather than acknowledge the difference of opini