Attorney Henry Allen Arnett's Legal Cases

Personal injury

Torchik v. Boyce

Mar 25, 2009

OUTCOME: Fireman's Rule limited

In a victory for the rights of police officers and firefighters throughout the State of Ohio, on March 25, 2009, an unanimous Ohio Supreme Court refused to extend Ohioâ€™s Firemanâ€™s Rule to allow ind ... ependent contractors to escape liability where an emergency responder (police officer, firefighter, etc.) is injured in the course of their employment as a result of a defective condition created by that contractor. In announcing its decision in the case of Torchik v. Boyce, the Court wrote that it â€œruled today that an independent contractor whose negligent work is alleged to have caused injury to a public safety officer is not covered by a common law â€˜firemanâ€™s ruleâ€™ that immunizes property owners from civil liability for injuries suffered by public safety officers who enter their property while on duty.â€ The Ohio Association of Professional Fire Fighters, represented by Henry A. Arnett, filed an amicus brief with the Court, urging the Court to refuse to extend the Firemanâ€™s Rule.

Employment and labor

Summit Cty. Children Services Bd. v. CWA Local 4546

May 07, 2007

OUTCOME: Just Cause Standard Upheld

Most collective bargaining agreements require some type of legitimate reason, generally defined as "just cause," before an employee may be disciplined. But what is "just cause" for discipline? Is it ... what an arbitrator decides it is, or do the courts determine what is meant when a collective bargaining agreement says that an employer may discipline employees only for "just cause." In a unanimous decision, the Ohio Supreme Court held that arbitrators have the authority to determine â€œjust causeâ€ pursuant to collective bargaining agreements. In Communication Workers Of America, Local 4546, v. Summit County Children Services, the Ohio Supreme Court held that an arbitrator, in determining whether there was just cause to discipline an employee, can consider the traditional elements of just cause and can base his award on elements such as whether the degree or severity of discipline was reasonably related to the seriousness of the offense (progressive discipline) and/or the prior work record of the employee. In so ruling, the Court adopted the position of the Ohio Association of Professional Fire Fighters which filed an amicus brief in support of the arbitratorâ€™s award.

Employment and labor

SERB v. Pierce Township

Oct 13, 2003

OUTCOME: Township illegally terminated union organizers.

Unfair labor practice charges were filed against Pierce Township after it terminated the employment of all firefighters when they sought to form a union and be recognized under Ohio's collective bargai ... ning law. Ohio's State Employment Relations Board ruled in favor of the firefighters, holding their rights had been violated, and the Court of Appeals affirmed, ruling that the firfighters were entitled to reinstatement and backpay.

Employee benefits

Harvey v. Ohio DAS

Dec 21, 1993

OUTCOME: Disability Benefits Awarded

The State of Ohio denied an injured employee's application for disability benefits because he had been injured on the job. The Court of Appeals reversed the State, holding that under the state law, an ... employee could collect disability benefits even though he was also entitled to worker's compensation.

Employment and labor

Horner v. City of Portsmouth

N/A

OUTCOME: Termination of Portsmouth Police Chief reversed

The Portsmouth Civil Service Commission reversed the termination of the Police Chief by the City of Portsmouth Mayor, holding that there were no grounds for removing the Chief from office.

Henry Allen Arnett's Legal Cases (5)

Torchik v. Boyce

Summit Cty. Children Services Bd. v. CWA Local 4546

SERB v. Pierce Township

Harvey v. Ohio DAS

Horner v. City of Portsmouth