Legal Opinion · Dissent

McFadden v. Cleveland State University

Ohio Supreme Court

Decided October 2, 2008No. 2007-0705Published

1DissentLanzinger, J.

{¶ 23} I respectfully dissent and would affirm the decision of the Court of Appeals for Franklin County that denied McFadden’s application for reconsideration. The court of appeals followed McCoy v. Toledo Corr. Inst., Franklin App. No. 04AP-1098, 2005-Ohio-1848, 2005 WL 914664, and “specifically overruled” Senegal v. Ohio Dept. of Rehab. Corr. (Mar. 10, 1994), Franklin App. No. 93 API08-1161, 1994 WL 73895, an earlier case holding that a six-year, rather than two-year, statute of limitations applied to claims such as McFadden’s. McFadden v. Cleveland State Univ., 170 Ohio App.3d 142,…

2Cases cited4 opinions

  1. Textile Mills Securities Corp. v. CommissionerSupreme Court of the United States · 1941
  2. Western Pacific Railroad Corp. v. Western Pacific Railroad Co.Supreme Court of the United States · 1953
  3. In re J.J.Ohio Supreme Court · 2006
  4. McFadden v. Cleveland State UniversityOhio Court of Appeals · 2007

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