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Category: Blog

“John Doe” Pleading

In Pearson v. City of Columbus, released last week, the Tenth District clarified the standard with respect to "John Doe" pleading and held that as long as the complaint is filed within the statute of limitations, the plaintiff may amend the complaint to substitute a fictitiously named defendant within one year of the filing.  Although it […]

Waiving Jury Inconsistencies

The Eighth District released an interesting decision last week in Link v. FirstEnergy Corp., 2014-Ohio-5432, in part holding that both plaintiff and the defendant waived jury inconsistencies within the verdict by failing to raise the issue before the panel was discharged.  It is not an entirely novel issue, but the case includes good analysis on […]

Appellate Advocacy

A common question often arises about the difference between trial litigation and appellate advocacy.  Both are lawyers, but are their roles different? In essence, both seek nothing other than a favorable outcome for their client.  The short answer, of course, is yes, there is a difference.  Even as a lawyer, it is sometime easy to […]

Sign the Pleadings

The Eight District offered a not-so-gentle reminder that even with the advent of electronic filing, pleadings must be signed in order to be accepted for filing by the clerk of courts.  This is extremely important when filing actions on the final day of the statute of limitations, as most lawyers invariably do.  In Culler v. […]

When is Injuring a Patient during Transport not a Medical Claim

Victims of medical negligence get one year to file a cause of action for medical malpractice in Ohio.  General negligence claims are provided with a two-year statute of limitations.  Typically, what constitutes a medical claim is broad, including situations where a medical provider is accused of injuring a patient during transport.  Last week, in Eichenberger […]