The Goldberg Law Firm Co., LPA

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Category: Blog

Discovery of Privileged Material Revisited

Last week, it was noted that the Ohio Supreme Court revised its interpretation of appellate review of issues pertaining to discovery of privileged material.  The new "Chen test" requires parties seeking an interlocutory appeal of a trial court's order, compelling the discovery of privileged material, to establish that no adequate remedy exists if the appeal were delayed […]

Sua Sponte Appellate Decisions

As appellate counsel, it is important to clearly state the assigned errors and the reasons and arguments in support.  Sometimes an appellate panel debates the merits of missing arguments more than the parties.  In Yurkowski v. Univ. of Cincinnati, the result favored the plaintiffs, despite their lack of specificity.  It was the second appeal to the Tenth […]

Privileged Material Appellate Issues

A word to the wise: when appealing the discovery of privileged material ordered by the trial court, it must be established that there is no meaningful or effective remedy by an appeal following the final judgment.  The Ohio Supreme Court recently, and sua sponte, overturned the Tenth District's conclusion that a trial court's order compelling […]

Open and Obvious? How far does it extend?

Sometimes appellate decisions are more about what wasn't said.  Last week, in Stiles v. Marc Glassman, Inc., 2015-Ohio-1438, the Ninth District affirmed a trial court's decision granting summary judgment in favor of Marc's.  The trial court roughly held that the open and obvious doctrine obviated any duty to warn the plaintiff about a puddle of water […]

Defective Ignition Switches

This week, General Motors received a windfall, being shielded from liability for the deaths and injuries caused by GM's defective ignition switches.  This decision extends to the damages GM caused to consumers for the lost resale value (due to the fact no one wants to purchase a defective used car) that cost Toyota $1.3 billion in its […]