Breach of Contract Cases

Breach of attorney fee agreement independent review objections to magistrate's decision Civ.R. 53(D)(3)(b)(iii) failure to file transcript waiver of objections to factual findings form of signature individual liability narrative billing reasonableness of attorney fees. Appellant waived factual challenges to magistrate's decision by failing to file a transcript or affidavit with the trial court as required under Civ.R. 53(D)(3)(b)(iii). Appellate court could not consider transcript on appeal that was not provided to the trial court when ruling on objections to magistrate's decision. Trial court did not abuse its discretion in adopting magistrate's conclusion that appellant was individually liable under attorney fee agreement where both the form of the promise and the form of appellant's signature to the agreement supported that determination. Law firm's alleged failure to submit itemized billing statements did not preclude it from recovering for breach of attorney fee agreement. Appellant's claim that law firm failed to present sufficient evidence establishing that its fees were reasonable and necessary could not be considered because it would involve a factual analysis of the evidence presented before the magistrate.

Breach of contract-Plaintiff, a former employee of defendant, sought recovery for health insurance premium overpayments, retroactive pay, and a ratification bonus. Plaintiff was a member of a collective bargaining unit and was required to pursue administrative remedies. As the court lacked subject matter jurisdiction, the court dismissed plaintiff's complaint and granted judgment to defendant.

Risk of loss for fraud by employee statutory authority of reinsurance facility fidelity losses arising out of claims handling standard of review of Commissioner's decision equitable estoppel and defenses pre-hearing discovery, NCGS 58-37-65

Relator was a psychiatrist working for the Ohio Dept. of Rehab. & Correction. He sought a writ of mandamus to compel OPERS Board to grant him membership status and service credit in OPERS. Given the amount of control exercised over relator, he was a part-time employee of OPERS rather than an independent contractor.

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.

Whether governmental immunity bars a former employee's declaratory judgment complaint against the City seeking relief based on an employment contract between the parties.