Croce v. Ohio State Univ. Bd. of Trustees

Citations

• 2023 Ohio 2656

Syllabus

Motion for judgment on the pleadings Civ.R. 12(C) breach of contract constitutional rights federal preemption declaratory judgment. Plaintiff filed this claim against defendant following misconduct proceedings based on his research practices and the non-disciplinary actions that resulted. The court found that plaintiff failed to state a claim for breach of contract because consulting income was not addressed in anything plaintiff submitted that could be his employment contract. Further, the court determined that the issue of how the proceedings were handled was preempted by federal law. The court found that it did not have jurisdiction over plaintiff's constitutional claims. Finally, the court determined that because plaintiff's claims for declaratory relief were subsumed into plaintiff's contract claim, that claim must fail as well. Therefore, the court granted defendant's motion for judgment on the pleadings and plaintiff's claim was dismissed.