Breach of Contract Cases

Appellant failed to plead fraud with particularity, and accordingly the trial court was correct in dismissing his complaint because his fraud claim failed, his derivative claim of civil conspiracy failed as well.

Stay arbitration vehicle purchase Ohio Consumer Sales Practices Act CSPA negligent misrepresentation Magnusson Moss Warranty Act unconscionable procedural substantive adhesion unequal bargaining public policy due process protocol R.C. 2711.02 hearing discretion. Trial court's decision to stay case pending arbitration was upheld. All claims surrounding the purchase of a vehicle fell within the scope of the arbitration agreement, which was neither procedurally or substantively unconscionable. A trial court has discretion to hold a hearing on the motion to stay pursuant to R.C. 2711.02, and the court did not abuse that discretion where it ordered supplemental briefing and had an adequate record upon which to make a determination without a hearing.

ARBITRATION - collective bargaining agreement unilateral change in job description beyond scope of job description appeal to trial court trial court found arbitrator exceeded his authority and vacated award R.C. 2711.10 de novo review of trial court's decision, not abuse of discretion trial court is limited to determining whether there is a rational nexus between the CBA and the award trial court erred in imposing its interpretation of the CBA in place of the arbitrator's.