Bauer v. River City Mtge., L.L.C.
Citations
- 2023 Ohio 3443
Syllabus
ARBITRATION – IMPLIED CONTRACT – MUTUAL ASSENT – EMPLOYER/EMPLOYEE – EMPLOYEE HANDBOOKS : Where plaintiff employee reviewed an employee manual and signed an acknowledgement form which contained a broad disclaimer of contractual obligations, there was no mutual assent to create a binding contract for arbitration.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that trial court’s reliance on co-defendant’s statement, given only after he had been told that defendant had implicated him, was presumptively unreliable
- recognizing that the “truthfinding function of the Confrontation Clause is uniquely threatened when an accomplice’s confession is sought to be introduced against a criminal defendant without the benefit of cross-examination”
- holding that state court “correctly found that Deborah’s state- ments to Butler and Maggart fall within the excited-utterance exception”
- recognizing that the “truthfinding function of the 22 1 Confrontation Clause is uniquely threatened when an accomplice’s confession is sought to be 2 introduced against a criminal defendant without the benefit of cross-examination”
- noting that there exists a “time-honored teaching that a codefendant’s confession inculpating the accused is inherently unreliable”
- holding that inculpatory hearsay statements by accomplices are “presumptively unreliable”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kinsley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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