Breach of Contract Cases

COLLATERAL ESTOPPEL – MOTION TO DISMISS – CIV.R. 12(B)(7) – JOINDER – CIV.R. 19 – DECLARATORY JUDGMENT – R.C. 2721.12 – NECESSARY PARTIES – CONTRACTS – BREACH OF CONTRACT – SUBSTANTIAL PERFORMANCE – EXCUSE – SECURITY SEWAGE – IMPOSSIBILITY – REGULATORY IMPOSSIBILITY – GOOD FAITH – REMEDIES –…

Arbitration; stay of proceedings; contract. Trial court did not err when it granted appellee's motion to stay proceedings pending submission to arbitration, where it found that the parties had agreed to the arbitration agreement and that the subject of the claim was covered under that agreement.

This appeal concerns the end of a business relationship between two brothers, Joe D. Grubb ("Joe") and James W. Grubb ("Jim").2 After many years of working together in the cash advance and rent-to-own businesses, Jim sued Joe in the Chancery Court for McMinn County ("the Trial Court"), asserting…

EMPLOYMENT – CORPORATIONS – MINORITY SHAREHOLDERS – WRONGFUL DISCHARGE – BREACH OF FIDUCIARY DUTY – CONTRACTS - RELEASES: The trial court did not err in granting a motion for summary judgment filed by defendants majority shareholders on plaintiff minority shareholder's claims for breach of…

BREACH OF CONTRACT — NEGLIGENT MISREPRESENTATION: The trial court did not err by ruling in favor of defendant owner on plaintiff contractor's claim for breach of contract where the record supports the trial court's determination that plaintiff contractor failed to provide the requisite notice of…

In this opinion, the Court holds that a clause in an arbitration agreement attempting to shorten the statute of limitations is void as against public policy. The Court further holds the illegal clause is not severable and renders the entire arbitration section of the contract unenforceable.

summary judgment, R.C. 4113.52, retaliatory discharge

A plaintiff-employee states a valid claim for wrongful discharge in violation of public policy where she claims that she was an at-will employee and was fired for filing a good-faith complaint with her employer and with OSHA concerning COVID-19 hazards and a mice infestation in her workplace. In a…

The Court of Claims did not err in granting Ohio State University's ("OSU") motion for summary judgment on the employment discrimination claim or in dismissing the breach of contract claim based on a collective bargaining agreement for lack of subject-matter jurisdiction.