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Ohio Supreme Court Clarifies Appellate Court Standard of Review for a Declaratory Judgment Matter

Posted on in Insurance, Publications

In a 7-0 decision, the Ohio Supreme Court, in Arnott v. Arnott, Slip Opinion No. 2012-Ohio- 3208, held that an appellate court should apply an abuse of discretion standard when reviewing a trial court’s holding to the question of standing, e.g., the appropriateness of the case for declaratory judgment and should apply a de novo […]

Changes to Ohio’s Corporate and LLC Laws Enacted

Posted on in Business, Publications

Substitute House Bill 48 will become effective May 4, 2012. This act makes a number of changes to Ohio’s corporation and limited liability company (LLC) laws. If you do business in the form of one of these entities, these changes could affect you. Following is a brief description of some of the topics covered in […]

Ohio Supreme Court Upholds Requirement that Trial Courts Bifurcate Compensatory and Punitive Damage Phases of Trials Upon Motion

Posted on in Insurance, Publications

In a February 15, 2012 decision, Havel v. Villa St. Joseph, 2012-Ohio-552, the Ohio Supreme Court upheld a key component of Ohio’s 2005 tort reform. Specifically, that tort reform included a requirement that trial courts bifurcate the punitive damage phase and evidence in a trial from the compensatory damage phase in a trial upon motion […]

Ohio Supreme Court Holds Sovereign Immunity Does Not Protect Political Subdivisions Against Employee Intentional Tort Claims

Posted on in Insurance, Publications

Those involved with political subdivision claims will be interested in the Ohio Supreme Court’s new decision holding that sovereign immunity does not bar employee intentional tort claims when they arise out of the employment relationship. In Sampson v. Cuyahoga Metro. Hous. Auth., 2012 Ohio 570, defendant CMHA had plaintiff arrested in full view of his […]