Recent OACTA Amicus Briefs

 

Jennifer Ackman v. Mercy Health West Hospital LLC | Feb 20, 2024
Does a party waives its Civil Rule 12(b)(4) and (5) service defenses through sufficient participation in the litigation?


 Estate of Katherine Tomlinson v. Mega Pool Warehouse Inc and Stephen B. Gold | Mar 13, 2023

Are Residential remodeling services exempted from the definition of “consumer transaction” under the Ohio Consumer Sales Practices Act? Does the Ohio Home Construction Service Supplier Act, rather than the Ohio Consumer Sales Practices Act, apply to a transaction involving the remodeling of an existing residential building?


Allison Harris v. Dustin Hilderbrand | Jan 10, 2023
Does immunity apply to an off duty K9 handler for claims of negligence and strict liability?


Kathleen McCarthy v. Peter K. Lee, M.D. | Nov 29, 2022
Whether a derivative claim falls with the primary claim when the primary claim fails as a matter of law.


TruNorth Warranty Programs of North America v. AJZ's Hauling, LLC | Nov 15, 2022
Whether an order in one case can be collaterally attacked in another case on the theory that it is "unjust" and, if so, whether a trial court must hold an oral hearing before ruling on a motion to compel arbitration when a party requests a hearing.


Gibson Bros. Inc v. Oberlin College | May 16, 2022
Proposition of Law No. III: A jury cannot consider an issue again when jurors give an interrogatory answer that is clear and consistent with the verdict. R.C. 2315.21(B)(2) does not authorize a jury to revisit in stage two of a bifurcated trial any issue resolved in stage one that also relates to liability or compensatory damages. II. Proposition of Law No. IV: R.C. 2315.21 limits punitive damages to twice the recoverable compensatory damages awarded to a plaintiff from a defendant. Because R.C. 2315.18(E)(1) limits recoverable noneconomic loss to a capped amount, and R.C. 2315.18(F)(1) prevents a judgment over that amount, capped punitive damages are derived from capped compensatory damages


Austin Krewina v. United Specialty Insurance Company | Mar 25, 2022
Proposition of Law: Liability insurance exclusions and limitations for harm arising from assault and battery or abuse are subject-matter provisions that are triggered when an ordinary person would believe that assault and battery or abuse had taken place rather than by the subjective intent of the assailant.