Breach of Contract Cases

Trial court grant of summary judgment is affirmed, in part, and reversed, in part. Summary judgment, de novo review, trade secrets, breach of contract, intentional torts

In this breach of warranties and breach of contract action brought by appellant for damages caused by an allegedly defective product purchased from appellee, the trial court erred in granting summary judgment to appellee based on the court's determination that appellant had failed to state a claim upon which relief can be granted. Based on the record and construing the facts of the amended complaint in favor of appellant, this Court finds that the record contains evidence that support facts entitling it to at least recovery of direct damage, and therefore the trial court's dismissal under Civ.R. 12(B)(6) was improper under law. Judgment reversed cause remanded.

attorney-client privilege – emails – drafts – communications between client and attorney – communications between employees – legal advice – business purpose

EMPLOYER-EMPLOYEE – INJUNCTIVE RELIEF – CONTRACT – NONCOMPETITION RESTRICTIONS: The trial court did not abuse its discretion by granting a cardiothoracic surgeon's motion for a preliminary injunction to prevent his employer from enforcing the noncompetition restrictions in his employment agreement that prevented him from working in contiguous counties for a 12-month period following the termination of his employment where there was no evidence that the surgeon possessed or used the employer's confidential information, and thus no evidence that unfair competition would result from the surgeon's hiring by a hospital within the restricted area and restricted period.

CIVIL - summary judgment declaratory judgment collective bargaining agreement grievance arbitrability Ohio Arbitration Act R.C. 2711.01(A) Ohio Public Employees Collective Bargaining Act R.C. 4117.10(A) scope presumption explicit language other forceful evidence from the bargaining history.

Employee sued his former employer for the compensation that he alleged he was owed under an employment contract. Following a bench trial, the employee was awarded damages representing thirty days' compensation. The employer appeals, arguing that its nonperformance on the contract was excused by an implied condition. We affirm.