KMK Law Complex Litigation Blog

Just before the end of 2022, the Ohio Supreme Court decided the case TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors. In TWISM, the Court took steps similar to those taken by the United States Supreme Court when chipping away at the Chevron doctrine by limiting the scope and power of the rule that courts should defer to an administrative agency’s interpretation of a statute when the administrative agency is tasked with enforcing that statute.

Getting a trial court to rethink its prior decision is a steep climb. The United States Supreme Court’s decision in Kemp v. United States, issued June 13, 2022, makes achieving such outcomes easier in one sense, but more difficult in another.

Asking an appellate court to reconsider its decision is rarely going to be successful. Even less likely to be successful is the argument that the appellate court addressed the issues and considered the evidence and facts, but simply got it wrong. But a recent Ohio Supreme Court decision gives hope for a narrow band of motions in which the litigants argue just that.