The 2020 pass bought by plaintiff Laura Valentine to Cedar Point amusement park was a "revocable license" that only afforded her the right to enter the property pursuant to her "Gold Pass's" terms and conditions, said the Ohio Supreme Court in a decision that reversed an intermediate court ruling in the case.
6th Circuit Denies $1 Million 'Loss of Referrals' Insurance Coverage Finding Temporary Closure Is Not Termination of Business
"Neither the complaint nor its exhibits explain which, if any, of the Key Referral Sources are permanently closed, how the relationship with any Key Referral Source has been permanently impacted by the suspended business, or how Retina Center determined it suffered a loss in excess of $1,000,000," Judge John K. Bush wrote in the opinion. "Without that necessary information, the pleadings do not rise above speculation."
No 'Professional Norms' or Case Law Applied to Trial Attorney Failing to Object to 'CSI-Effect' Voir Dire Question
"In sum, we conclude that McGhee's counsel performed within the accepted professional norms of 2007, which did not require objecting to the CSI-effect voir dire questions in this case," Biran wrote. "Thus, McGhee's claim of ineffective assistance of counsel fails on the performance prong, we need not address McGhee's arguments concerning the prejudice prong."