Irene C. Keyse-Walker

Representative Decisions

Supreme Court of the United States

• Pliva, Inc. v. Mensing, 564 U.S. 604 (2011) (failure to warn claims against generic drug manufacturers are preempted).

Ohio Supreme Court

• World Harvest Church v. Grange Mut. Cas. Co., 2016-Ohio-2913 (reversing court of appeals and holding that abuse or molestation exclusion in insurance policy applied to insured school’s vicarious liability in case of first impression);
• Kaminski v. Metal & Wire Prods. Co., 125 Ohio St.3d 250 (2010) (upholding workplace intentional tort statute against constitutional challenges in case of first impression);
• Talik v. Fed. Marine Terminals, Inc., 117 Ohio St.3d 192 (2008) (reversing court of appeals and holding that longshore worker’s Ohio “substantial certainty” intentional tort suit against employer was preempted by the LHWCA);
• Arbino v. Johnson & Johnson, 116 Ohio St.3d 468 (2007) (upholding tort reform damage caps against constitutional challenges in case of first impression certified by federal district court);
• Harris v. Mt. Sinai Ctr., 116 Ohio St.3d 139 (2007) (reversing court of appeals and holding that trial court properly vacated $30 million medical malpractice verdict based on attorney misconduct);
• Marrone v. Philip Morris, USA, Inc., 110 Ohio St.3d 5 (2006) (reversing court of appeals’ class action certification of “Light” smokers in case of first impression under Ohio Consumer Sales Practices Act);
• Myocare Nursing Home, Inc. v. Fifth Third Bank, 98 Ohio St.3d 545 (2003) (reversing court of appeals and entering judgment as a matter of law in favor of majority shareholder);
• Hampel v. Food Ingredients Specialties, Inc., 89 Ohio St.3d 169 (2000) (reversing portion of judgment finding male-on-male sexual harassment in case of first impression);
• Hamilton Insurance Services, Inc. v. Nationwide Insurance Cos., 86 Ohio St.3d 270 (1999) (reversing judgment on jury verdict and entering judgment as a matter of law in favor of insurer in dispute over termination of agency contract);
• Conley v. Brown Corp. of Waverly, Inc., 82 Ohio St.3d 470 (1998) (reversing prior Ohio Supreme Court authority on right of manufacturer to seek contribution from employer based on intentional tort);
• Kucharski v. Nat. Eng. & Contracting Co., 69 Ohio St.3d 430 (1994) (reversing judgment on jury verdict and entering judgment as a matter of law for independent contractor on construction site);
• Johnson v. University Hospitals of Cleveland, 44 Ohio St.3d 49 (1989) (holding that Ohio will not recognize child rearing expenses as a damage in medical malpractice action involving failed tubal ligation in case of first impression);
• Preston v. Murty, 32 Ohio St.3d 334 (1987) (reversing judgment on jury verdict and establishing Ohio rule for availability of punitive damages in products liability cases).

Sixth Circuit

• Yates v. Ortho-McNeil-Janssen Pharmaceuticals, Inc., 808 F.3d 281 (C.A.6, 2015) (both pre-FDA approval and post-FDA approval design defect claims asserted against manufacturer of brand-name birth control pill were preempted);
• Continental Cas. Co. v. May Dept. Stores Co., unpub., 138 Fed. Appx. 763 (C.A.6, 2005) (reversing and entering judgment as a matter of law for insurer in coverage dispute);
• In Re Sulzer Orthopedics Hip and Knee Prosthesis Prods. Liab. Lit., 398 F.3d 782 (C.A.6, 2005) (affirming dismissal of class plaintiffs’ merit appeals from decisions of Special Master appointed to oversee settlement trust in case alleging defective hip and knee prostheses);
• Cummins v. JGB Industries, Inc., unpub., 4 Fed. Appx. 270 (C.A.6, 2001) (reversing judgment in employer intentional tort wrongful death claim and entering judgment as a matter of law in favor of employer);
• Jones v. Sumser Retirement Village, 209 F.3d 851 (C.A.6, 2000) (reversing judgment for employee under ADA and entering judgment as a matter of law in favor of employer);
• Jandro v. Ohio Edison Co., 167 F.3d 309 (C.A.6, 1999) (affirming summary judgment in employer intentional tort action).

State Appellate Courts

• Turner v. Rosenfield, 2008-Ohio-1932 (8th Dist.) (reversing $2 million award for “lost chance of cure” in medical malpractice case and entering judgment for defendant);
• Blust v. Lamar Advertising Co., 157 Ohio App.3d 787 (2nd Dist. 2004) (reversing $2.5 million punitive damage award on federal constitutional grounds);
• Home Ins. Co. of Ill. v. OM Group, Inc., 2003-Ohio-3666 (1st Dist.) (affirming that insurer had no duty to indemnify insured’s liability for faulty wood preservative product that caused premature failure of telephone poles);
• Wyczalek v. Rowe Constr. Serv. Co., 148 Ohio App.3d 328 (6th Dist. 2001) (reversing $12.5 million wrongful death judgment and entering judgment as a matter of law in favor of general contractor on construction site).

Other

• Kootenai Elec. Co-op., Inc. v. Lamar Corp., 219 P.3d 440 (Idaho 2009) (utility’s $10 million indemnity claim under state high voltage act barred by res judicata);
• Burns v. Neiman Marcus Group, Inc., 173 Cal.App.4th 479 (2009) (declining to impose “duty to inquire” upon retailers accepting third-party checks for payment of merchandise);
• Burdette v. Carrier Corp., 158 Cal.App.4th 883 (2008) (reversing judgment on $3.5 million verdict in employment defamation case).