A word to the wise: when appealing the discovery of privileged material ordered by the trial court, it must be established that there is no meaningful or effective remedy by an appeal following the final judgment. The Ohio Supreme Court recently, and sua sponte, overturned the Tenth District's conclusion that a trial court's order compelling […]
Sometimes appellate decisions are more about what wasn't said. Last week, in Stiles v. Marc Glassman, Inc., 2015-Ohio-1438, the Ninth District affirmed a trial court's decision granting summary judgment in favor of Marc's. The trial court roughly held that the open and obvious doctrine obviated any duty to warn the plaintiff about a puddle of water […]
This week, General Motors received a windfall, being shielded from liability for the deaths and injuries caused by GM's defective ignition switches. This decision extends to the damages GM caused to consumers for the lost resale value (due to the fact no one wants to purchase a defective used car) that cost Toyota $1.3 billion in its […]
The Tenth District released an interesting decision last week dealing with the same juror rule, an issue that rarely surfaces in appellate courts. In fact, the term was only cited 18 times in Ohio case law. The Tenth District decision in Dillon v. OhioHealth Corp. highlights the importance of protecting the record during trial court proceedings. The […]
In a terse opinion, the Ohio Supreme Court holds that the punitive damage cap of two-times actual damages applies to breach of a landlord-tenant agreement. As the court recounted: A fire destroyed Building 3 of the Village Green Apartments, located in Beachwood, Ohio. At the request of the Beachwood Fire Department, the fire was investigated […]
