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Britto v. Bimbo Foods, Inc.
β 2 citedPursuant to statute (Β§ 31-294c (b)), whenever liability to pay workers' com- pensation is contested by an employer, the employer shall file with the Workers' Compensation Commissioner, on or before th...
Claim of Kestler v. Old Castle Callanan Industries, Inc.
β 2 citedState v. Lenard
β 2 citedLeave to file a new-trial motion post conviction Crim.R. 33(A)(6) Crim.R 33(B) clear and convincing proof unavoidably prevented hearing. Defendant-appellant's motion for leave to file a new-trial moti...
Everhart v. Merrick Mfg. II, L.L.C.
β 2 citedThe trial court erred in dismissing appellant's complaint under Civ.R. 12(B)(1) for lack of subject matter jurisdiction. The court's decision was based on the statute of repose in R.C. 2305.10(C), whi...
Tunick v. Tunick
β 2 citedThe plaintiff, who was a remainder beneficiary of a revocable trust, which included a corpus of, inter alia, antique automobiles, sought damages from the defendants, his sisters, B and R, and from D, ...
State v. Ojile
β 2 citedPOSTCONVICTION - COUNSEL - CONSTITUTIONAL LAW/CRIMINAL - PROSECUTORIAL MISCONDUCT: The common pleas court erred in dismissing without a hearing the ineffective-counsel claim presented in petitioner's ...
Laseraim Tools, Inc. v. SDA Manufacturing, LLC
β 2 citedGlass v. Franklin Cty. Dept. of Animal Care & Control
β 2 citedJudgments convicting appellant for failure to control a dog in violation of R.C. 955.22(C) and affirming a dangerous dog designation affirmed. A deputy warden employed by the Franklin County Departmen...
State v. Warner
β 2 citedAppellant was convicted of assault, domestic violence, and disorderly conduct after a bench trial. The trial court did not err when it did not credit appellant's self-defense claim because he did not ...
Smith v. Mentor Ridge Health & Rehab.
β 2 citedMedical claim home nursing home residential facility statute of limitations relations back of amendments nullity. Injuries caused by two aides who dropped nursing-home resident while assisting her fro...
Sargent Cty. Water Resource District v. Beck
β 2 citedRes judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies. Collateral estoppel precludes litigation of issues...
Claim of O'Dell v. Consolidated Edison
β 2 citedThomas v. LSREF3 Bravo (Ohio), L.L.C.
β 2 citedJudgment affirmed. The trial court did not err when it ruled that appellees' duty of care as landlord did not encompass an unforeseen criminal act committed by a third party against a tenant in appell...
Westry v. Litchfield Visitation Center
β 2 citedThe plaintiff brought an action alleging, inter alia, discrimination on the basis of race against the defendant. After the defendant was defaulted for failure to plead, it filed an answer to the plain...
Blue Ash Auto Body, Inc. v. Grange Property & Cas. Ins. Co.
β 2 citedSUMMARY JUDGMENT β INSURANCE β ASSIGNMENT β BREACH OF CONTRACT β UNJUST ENRICHMENT: The trial court did not err in granting summary judgment to defendant automobile insurer on plaintiff auto body shop...
Carpenter v. Antero Resources Appalachian Corp.
β 2 citedCIVIL β summary judgment Civ.R. 56 de novo review oil and gas lease Marketable Title Act ("MTA") Dormant Mineral Act ("DMA") breach of warranty claim damages the Carpenters failed to show that the tri...
Midland Funding, L.L.C. v. Schwarzmer
β 2 citedAbuse of discretion motion to compel arbitration waiver totality of circumstances FDCPA CSPA class action putative class motion to strike interlocutory order R.C. 2505.02(B)(5) jurisdiction. The trial...
Johnson v. Vita Built, LLC
β 2 citedThe plaintiff property owners brought an action against the defendants, a contractor and an architect, alleging, inter alia, breach of contract. The plaintiffs owned real property in Westport and hire...
Claim of Edwards v. Wachtell
β 1 citedIn re the Claim of Axtell
β 1 citedState v. Jeffries
β 1 citedPostconviction res judicata. Appellant's postconviction claim to void judgment and that his sentence is contrary to law should have been raised on direct appeal and are now barred by res judicata....
Alico, LLC v. Somers
β 1 citedThe plaintiffs, A Co. and its sole member, N, appealed to the trial court from the decision of the board of assessment appeals of the defendant town of Somers, Connecticut, which upheld property tax a...
Lucas v. Eclipse Cos., L.L.C.
β 1 citedIssue of law de novo review breach of tort duty can coexist with breach of contract claim When persons or property outside the original agreement are damaged, the terms of the contract do not control ...
State v. Hall
β 1 citedMotion to withdraw guilty plea Crim.R. 32.1 manifest injustice advice of counsel Crim.R. 11 plea colloquy totality of the circumstances prediction ineffective assistance of counsel. Judgment affirmed....
Zinsmeister v. Ohm
β 1 citedJudgment affirmed. The trial court did not err by granting appellee's motion to enforce the parties' settlement. The parties entered into an enforceable contract to resolve the litigation, and appella...