Readers will recall that Heitman filed suit in August to have a non-disparagement clause declared unenforceable under Ohio law. Heitman was fired from the clerk of court’s office shortly after Pureval took office. Heitman filed suit in Hamilton County Common Pleas Court, but Pureval’s attorneys argued the case – premised upon the Ohio State Constitution – should be decided by a federal judge because the Ohio State Constitution mirrors the United States Constitution in some respects.
Nearly three months after Heitman’s motion, and three days after Pureval lost his election for congress, Judge Dlott granted our motion to remand the case, finding that – as we argued – the federal court did not have jurisdiction over the case.
The case now returns to Judge Robert Ruehlman.
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