Ohio Law & Litigation Blog

Observations & Commentary on Interesting Areas of the Law

In Ohio, Uphill Landowners Have No Duty to Downhill Property Owners to Repair Landslide Damage or Prevent Future Landslides, Declares Ohio’s First District Court of Appeals in R&R Family Invests. v. Plastic Moldings Corp.

The First District Court of Appeals recently decided the interesting case of R&R Family Invests. v. Plastic Moldings Corp., which involved an issue of first impression. In this case, the ...

Kodu v. Medarametla: “Don’t Give $43,500.00 to a Woman You Just Met on the Internet!” and Other Valuable Lessons

The First District Court of Appeals just released its (well-written, as usual) opinion today in the case of Kodu v. Medarametla. To say the least, it was a crazy case. It all began when a ...

Indiana Law vs. Ohio Law, as Illustrated by Two Big Cases: How Ohio Law is Much More Favorable to Banks and Other Businesses

At The Durst Law Firm, we have handled cases against banks and loan officers for unethical practices. These cases are sometimes a challenge, because the law tends to be favorable to banks, ...

A Complete Primer on Batson Challenges, Courtesy of Ohio’s Fifth District Court of Appeals

Ohio's Fifth District Court of Appeals recently decided the case of Castillo v. Pilot Travel Ctrs., L.L.C. This was an appeal by a Licking County slip-and-fall Plaintiff (he allegedly ...

Marlon Wayans Prevails in Unusual Lawsuit by a Movie Extra

Marlon Wayans recently scored a big win in California's 2nd District Court of Appeal. The case started when Pierre Daniel, a movie extra from the set of Haunted House 2, sued Wayans in Los ...

Another Ohio Slip-and-Fall Case, Another Defense Win

Ohio's Fifth District Court of Appeals is apparently no friendlier towards slip-and-fall plaintiffs than other appellate districts in our great state. Following the same pattern as Darah v. ...

Excellent Opportunity for Law Students and Undergrads Interested in Law

The Ohio Justice & Policy Center is looking for legal interns for summer 2017. OJPC works to "create fair, intelligent, redemptive criminal-justice systems through zealous client-centered ...

Can You Sue for Breach of an Oral Contract Under Ohio Law?

Frisby v. Solberg. I thought I would include it because it not only lays out the standard for proving a breach of contract very precisely, but also addresses oral contracts. This was an ...

What If You Settle But The Other Side Doesn’t Comply With The Settlement Agreement?

If you have ever been in the following situation as either a litigant or an attorney, you know how absolutely exasperating it is: you settle a lawsuit but the other side refuses to comply with ...

Supreme Court of Ohio: Ohio Does Not Recognize the Tort of “Negligent Misidentification”

I thought I knew of every possible common law tort, but apparently not. Today the Supreme Court of Ohio released an opinion holding that there is no recognized cause of action in Ohio for ...

Worker.gov – Learn Your Rights as an Employee

A website called Worker.gov has just been launched to help inform employees of their rights and how to file formal complaints with government agencies.  The EEOC, NLRB, OSHA, and DOL ...

Bad News Bears for Ohio Slip-and-Fall Plaintiffs: Sixth District Affirms Summary Judgment in Darah v. Coaching by Kurt, L.L.C.

The basic facts were as follows: {¶ 2} On March 18, 2014, Sherrie was working out with her personal trainer, Michael Yuschak, at a facility in Maumee, Ohio, operated by [Coaching by Kut. ...

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