Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Wednesday, February 16, 2005

Today's Supreme Court Oral Arguments

The following are scheduled for today:

Community First Bank & Trust v. Dafoe, Case no. 2004-1913
ISSUE: Is a court order that stays a creditor's claim against the personal guarantors of a debt pending the outcome of the actual debtor's bankruptcy action a ‘final, appealable order?'

Clark v. Risko [Knox Community Hospital], Case no. 2004-0284
ISSUE: When a hospital uses independent contractors rather than employees to provide a medical service, can an Ohio court find the hospital ‘vicariously liable' to a patient for injuries allegedly resulting from a contractor's negligence when the contractor himself was not named as a defendant in the patient's lawsuit and was never found to be directly liable for the patient's injuries?

Rosette v. Countrywide Home Loans and Piro v. National City Bank, Case nos. 2004-0524 and 2004-0525
ISSUE: An Ohio statute allows homeowners who pay off residential mortgages to file a civil action for $250 in “damages” against the mortgage holder if the holder fails to record satisfaction of the mortgage within 90 days of receiving full payment. Is the remuneration authorized under this statute a “penalty or forfeiture” subject to a one-year statute of limitations; or is it a civil liability award for harm caused by the lender to the homeowner, a type of claim which may be asserted for up to six years after the cause of action arose?

Asset Acceptance LLC v. Mack, Case no. 2004-0851
ISSUE: When the judgment of a court provides a monetary award plus interest on that amount until the balance is paid, and that unsatisfied judgment later becomes dormant for failure of execution by the creditor, does a subsequent revival of the judgment entitle the creditor to accrued interest from the original date of judgment, including the period during which the judgment was dormant?

Live streaming video of court proceedings can be found here.



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