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· 9/27/2023

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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.