At the end of June, the Franklin County Court of Appeals affirmed in part and reversed in part an employer’s summary judgment on a retaliation claim which had previously been dismissed in federal court on the grounds that the plaintiff employee had failed to file an EEOC Charge and exhaust his administrative remedies. Blank v. Nationwide Mutual Ins. Co., No. 2024-Ohio-2500. The plaintiff had pointed out to the federal court on appeal that he had filed the claim under state law and, thus, was not required to exhaust any administrative remedies at the time he had filed his lawsuit. Although the dismissal was affirmed by the federal appellate court, the Court of Appeals found the dismissal was not based on the merits, and thus, would not have res judicata effect on the same claim that he refiled in the common pleas court.
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not apply to any particular situation because different facts could lead to
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