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2016 Ohio 5107
Ohio
2016
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Background

  • McQueen opened a Chase checking account with a $25 deposit and alleged he was promised a $125 bonus after the initial deposit.
  • He later sought overdraft protection; subsequent attempts to overdraw were refused and he complained to bank staff in person.
  • McQueen alleges employee Krystina Weibling-Holliday told him he would not get the bonus because he is a Black Christian and that Chase improperly closed his account; Weibling-Holliday denies the discriminatory remark.
  • McQueen filed a §1983 action in federal court alleging due-process and equal-protection violations; that suit was dismissed and is on appeal to the Sixth Circuit.
  • He also filed an original-action mandamus petition in the Ohio Court of Appeals seeking $100/day until Chase restored his account and paid the bonus; the court of appeals dismissed the mandamus action.
  • The Ohio Supreme Court affirmed the dismissal, reasoning McQueen lacked a clear legal right and adequate alternative remedies existed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether relator has a clear right to mandamus to compel payment of the bonus or reopening of the account McQueen: employee discriminated and thus has a right to relief now via mandamus Weibling-Holliday: mandamus is not appropriate; alleged private dispute/contract claim and discrimination claims are or will be litigated in federal court Denied — no clear legal right to mandamus relief against a private employee
Whether discrimination claims are barred or duplicative McQueen: discrimination occurred and justifies extraordinary relief Defendant: discrimination claims are being litigated in federal court; res judicata/duplicative litigation applies Treated as res judicata for purposes of mandamus — claims litigated in federal court preclude relitigation here
Whether an adequate remedy at law exists (i.e., contract/breach claim) McQueen: mandamus is required because bank/employee refused bonus and closed account Defendant: any claim to bonus or account reopening sounds in contract; ordinary breach-of-contract suit is adequate Denied — breach-of-contract suit is adequate remedy, so mandamus inappropriate

Key Cases Cited

  • State ex rel. Waters v. Spaeth, 131 Ohio St.3d 55 (2012) (mandamus standards: clear right, clear duty, no adequate remedy)
  • State ex rel. Russell v. Duncan, 64 Ohio St.3d 538 (1992) (mandamus will not lie where an adequate remedy at law, such as breach-of-contract action, exists)
  • State ex rel. Pressley v. Indus. Comm., 11 Ohio St.2d 141 (1967) (mandamus will not enforce a private right against a private person)
Read the full case

Case Details

Case Name: State ex rel. McQueen v. Weibling-Holliday (Slip Opinion)
Court Name: Ohio Supreme Court
Date Published: Jul 27, 2016
Citations: 2016 Ohio 5107; 150 Ohio St. 3d 17; 78 N.E.3d 825; 2015-1497
Docket Number: 2015-1497
Court Abbreviation: Ohio
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