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Once a contract has been entered into, mutual assent of the contracting parties is essential for any modification of the contract. To establish a modification, the party asserting the modification mus...

CONTRACT — DEFENSES — WAIVER — DUTY — SURETY: The trial court erred in granting summary judgment in favor of plaintiff-appellee bank where the record reveals that genuine issues of material fact remai...

Issue 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 ...

Law of the case service Civ.R. 19 failure to join an indispensable or necessary party unjust-enrichment claim motion for summary judgment R.C. 131.02. - Appellant's contention that the trial court lac...

A limited liability company filed suit in relation to a piece of real property for which the company had executed an agreement to purchase. Although closing did not occur by the time stated in the exe...

Trial court decision granting summary judgment to defendants based on litigation privilege reversed and cause remanded. Litigation privilege does not provide immunity for truthful disclosures of privi...

The trial court did not err in granting summary judgment to a third-party administrator on the self-insured employers' breach of contract claims where: (1) the claims were brought more than a year aft...

Judgment affirmed. The trial court did not err when granting appellee's motion to dismiss for failure to state a claim upon which relief may be granted under Civ.R. 12(B)(6). The virus exclusion in th...

Appellant attorney appeals the denial of his request for attorney's fees to be paid from the estate of a ward in a conservatorship proceeding. The trial court denied the request on the bases that the ...

Memorandum of Understanding, Rules of Professional Conduct, contract, material adverse effect...

The plaintiff, Atmed Treatment Center (Atmed), appealed from the entry of summary judgment in favor of the defendant, The Travelers Indemnity Company (Travelers). The plaintiff argued that the trial j...

This very complicated case concerns insurance coverage under commercial general-liability insurance policies, including claims of bad faith, arising out of underlying construction defect lawsuits when...

Once a contract has been entered into, mutual assent of the contracting parties is essential for any modification of the contract. To establish a modification, the party asserting the modification mus...