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25 Jul 2018, 8:29 am
Binns (1988), 35 Ohio St.3d 176.While Ohio’s Seller Disclosure Act (R.C. 5302.30; the “Disclosure Act”) still requires sellers of most types of residential property to disclose known defects, the Disclosure Act does not directly modify the doctrine of caveat emptor by creating a new statutory fraud claim or by eliminating existing common law claims. [read post]
25 Jul 2018, 8:29 am
Binns (1988), 35 Ohio St.3d 176.While Ohio’s Seller Disclosure Act (R.C. 5302.30; the “Disclosure Act”) still requires sellers of most types of residential property to disclose known defects, the Disclosure Act does not directly modify the doctrine of caveat emptor by creating a new statutory fraud claim or by eliminating existing common law claims. [read post]
24 Jul 2018, 6:29 am by ohioemployersinjurylawblog
  Fortunately (from a defense attorney’s perspective at least) I don’t practice in California. [read post]
10 Jul 2018, 6:27 am by ohioemployersinjurylawblog
The phrase “[t]he cost of the deposition filed in court and of copies of such deposition for each party shall be paid for by the industrial commission from the surplus fund * * *” is mandatory. [read post]
9 Jul 2018, 10:16 am by MBettman
At issue in this case is whether a creditor’s failure to present a claim against a decedent’s estate within the six-month statute of limitations of R.C. 2117.06(C) precludes a later action against the decedent’s surviving spouse under Ohio’s necessaries statute, R.C. 3103.03. [read post]
2 Jul 2018, 7:25 am by MBettman
The Eighth District Court of Appeals dismissed Carol Thomasson’s appeal due to a lack of a final appealable order, pursuant to R.C. 2505.02(B). [read post]
16 May 2018, 7:16 am by MBettman
Furthermore, since this appeal arose from a 12(b)(6) motion to dismiss, “[t]he allegations must be accepted as true and all reasonable inferences in the [Investors’] favor. [read post]
24 Apr 2018, 9:07 am by MBettman
R.C. 2903.01(B) (No person shall purposely cause the death of another . . . after committing or attempting to commit… rape…) R.C. 2929.03(D)(3) (If, after receiving the trial jury’s recommendation that the sentence of death be imposed, the court finds, by proof beyond a reasonable doubt…that the aggravating circumstances the offender was found guilty of committing outweigh the mitigating factors, it shall impose the sentence of death on the… [read post]
1 Mar 2018, 7:03 am by MBettman
”) R.C. 2901(A)(11) (Definition of “law enforcement officer”) R.C. 2151.421 Reporting Child Abuse or Neglect (G) (“the public children services agency shall investigate . . . each report of child abuse or child neglect . . . . [read post]
26 Feb 2018, 7:55 am by MBettman
 Pursuant to R.C. 2307.96, a plaintiff must now prove that the conduct of a particular defendant was a substantial factor in causing the plaintiff’s injury. [read post]