State ex rel. Ohio Academy of Trial Lawyers v. Sheward
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The court did not reconsider the earlier judgment striking down House Bill 350. All 43 flagged citations have been read; the two confirmed Ohio treatments are listed below. A Texas court's decision about Texas law appears separately.
43 later cases cite State ex rel. Ohio Academy of Trial Lawyers v. Sheward; 43 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on State ex rel. Ohio Academy of Trial Lawyers v. Sheward?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled
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The Supreme Court of Ohio expressly overruled Sheward and held that future litigants cannot use its public-right doctrine to bypass the usual standing requirement.
State ex rel. Martens v. Findlay Municipal Court · Supreme Court of Ohio · filed
We therefore overrule State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 1999-Ohio-123, and hold that neither Martens nor future litigants may rely on it to bypass our well-established standing requirement.
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Limited
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The Supreme Court of Ohio confined Sheward's discussion of other constitutional objections to dicta and declined to extend it to a later damages-cap statute.
Arbino v. Johnson & Johnson · Supreme Court of Ohio · filed
Further, although Sheward offered an abundance of dicta on several statutes in H.B. 350, the ultimate holding was that H.B. 350 was unconstitutional in toto as a violation of the separation of powers and of the single-subject clause. Sheward, 86 Ohio St.3d 451, 715 N.E.2d 1062, paragraphs two and three of the syllabus. The dicta pronounced on other issues does not extend to the statute here.
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