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Akron Law grad scores a win in the Ohio Supreme Court

SHERRY KARABIN
Special to the Legal News

Published: June 1, 2016

Marcus Pryor II, The University of Akron School of Law graduate, who argued his own case before the Ohio Supreme Court just months after taking the bar exam has scored a victory.

On May 11, the Ohio Supreme Court ruled in Pryor’s favor in Pryor v. Director, 2016-Ohio-2907, a case concerning the power of lower courts to hear administrative appeals.

Pryor served as his own attorney and his opponent, Dir., Ohio Department of Job and Family Services, was represented by the Ohio Attorney General’s Office.

Pryor v. Director started off as a dispute over the unemployment benefits given to Pryor upon his honorable discharge from the U.S. Army in 2012. After granting Pryor benefits for eight months, the agency reversed its decision and said that Pryor was ineligible.

When the Unemployment Compensation Review Commission affirmed the order, Pryor filed an appeal in the Summit County Court of Common Pleas, naming the director as an adverse party but not the U.S. Army. Before the court could hear the arguments, the AG’s Office asked the court to permanently dismiss the case because Pryor did not name the U.S. Army.

The court agreed with the AG and dismissed. Pryor appealed to the 9th District Court of Appeals, where he won on the dismissal issue. “This was significant because six other appellate courts had already decided the dismissal issue in favor of the AG’s position,” Pryor said.

The AG appealed, taking the case to the Ohio Supreme Court.

In a 5-2 decision, the Ohio Supreme Court sided with Pryor, writing “We agree with the Ninth District Court of Appeals that R.C. 4141.282 does not require appellee, Marcus Pryor, to name all interested parties in order to perfect his appeal.

“…we reverse the judgment of the appeals court and remand to the commission to issue a decision that complies with R.C. 4141.282(D).”

“Getting a win in Ohio’s highest court is a big accomplishment that I could not have achieved without the help, support and preparation from my family, the law school, my firm and the legal aid societies of Ohio,” said Pryor.

Dan Tierney, a spokesperson for the AG’s Office issued the following statement, “This was a procedural ruling which now provides clear guidance to the lower courts.”


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