Breach of Contract Cases

Civ.R. 12(C) motion for judgment on pleadings legal malpractice failure to return documents statute of limitations time-barred R.C. 2305.11(A) cognizable event termination of attorney-client relationship - Trial court did not err in granting attorneys' motion for judgment on the pleadings on grounds that legal malpractice claim was time-barred under R.C. 2305.11(A) where legal malpractice claim was based on attorneys' alleged failure to return documents plaintiff requested 14 years before filing his complaint.

non-compete agreement - home care provider - default judgment - injunction - damages - show cause - contempt - hearing - abuse of discretion

David C. Jayne ("Jayne") appeals the trial court's entry of a judgment against him for breach of contract for failure to pay Bass Annie Cosmetic Boat Repair ("Bass Annie") for repairs made to his boat. Jayne entered into a contract with Bass Annie for the repair of his damaged boat. Before the agreed-upon repairs were completed, Jayne went to Bass Annie to check on the boat. After inspecting the boat, Jayne instructed Bass Annie to stop the repairs and return the boat to him. An argument ensued, and Jayne alleges he was assaulted by a Bass Annie employee. Both parties filed claims in the general sessions court which were subsequently appealed to circuit court. Following a de novo trial in the circuit court, the trial court dismissed Jayne's claims and awarded Bass Annie damages for breach of contract for the work completed on the boat. Jayne appeals. The judgment of the trial court is affirmed, and the case is remanded for further proceedings.

CONSUMER PROTECTION - action on credit card debt counterclaim improper request for attorney fees choice-of law provision in credit card agreement no prior determination that agreement was binding upon defendant provision unenforceable until determination made consumer's actual use of credit card acceptance of agreement.

Arbitration unconscionable loser pays motion to stay. Judgment affirmed. Trial court's denial of motion to stay pending arbitration was proper where the complaint contained an action for declaratory relief seeking a declaration that the arbitration agreement was unconscionable. The declaratory judgment issue should be resolved before proceeding with arbitration.

arbitration agreement, unconscionability, waiver of a jury trial, scope of arbitration

Court-ordered dissolution of PLLC accounting and distribution appointment of referee procedures used by referee summary judgment

R.C. 2307.91 et seq., Ohio Asbestos Reform Act, Federal Employers' Liability Act ("FELA"), 45 U.S.C. Sec. 51, et. seq., railroad worker, competent medical authority, substantial occupational exposure to asbestos. Viewed in a light most favorable to claimant pursuant to R.C. 2307.92, the trial court properly denied railroad employers' motion for administrative dismissal of employee's claim under the Ohio Asbestos Reform Act and FELA. The Ohio Asbestos Reform Act's prima facie requirements are procedural, not substantive, in nature. Appellee, a smoker suffering from cancer who claims railroad asbestos exposure during employment is a substantial cause of his impairment, must provide substantiation from a competent medical authority. Asbestos exposure is not required to be the sole or predominant cause, but a "predominate" cause, i.e., a substantial factor. A trial court is not precluded from considering supplemental medical evidence offered to support the prima facie case as the rules of evidence are relaxed in administrative proceedings.

LABOR UNIONS - R.C. 4117.03(A)(5) App.R. 4(B)(5) pursuant to 11th Dist. Loc.R. 3(D)(2) an appellant must attach a copy of the judgment entry appealed to the notice of appeal once an employee subject to a collective bargaining agreement authorizes his or her union to pursue a grievance, the cause of action belongs to the union and the employee lacks standing to prosecute the case R.C. 4117.10(A).