Ohio Law Series Punitive Damages / Attorney Fees (The “Lodestar” calculation) Ohio adheres to the “American Rule” regarding attorney fees, which means each party is responsible for its own attorney fees: Ohio courts generally follow the “American rule” with respect to an award of attorney fees: each party is responsible for its own attorney fees. […]
How Does the Current State of Emergency in Ohio Affect Statutes of Limitations?
On March 9, 2020, Governor Mike DeWine declared a state of emergency in Ohio, empowering state agencies “to develop and implement procedures” to “prevent or alleviate” the threat posed by Coronavirus (COVID-19). The threat has had a direct impact on our local court systems. For example, on March 13, 2020, the Franklin County Court of […]
Robinson v. Bates
In Ohio, the Ohio Supreme Court gave the insurance companies a huge gift when they decided Robinson v. Bates, 112 Ohio St.3d 17, 2006-Ohio-6362. An injured plaintiff can no longer recover the gross amount of the medical expenses incurred (the old rule), but only the amount that was actually paid. Especially for our personal injury […]
Attorney charging liens
An attorney who obtains a settlement or verdict for his / her client can assert a “charging lien” against the fund obtained. This usually happens when a lawyer working under a contingent fee agreement does some work that contributes to obtaining the settlement, then the client does not pay him or her for that work. […]
Caps on damages (personal injury cases)
In 2005, the Ohio General Assembly passed several “tort reform” measures, the most controversial being the limits on the amount a jury can award in personal injury and product liability cases. (See RC 2315.18). Under the 2005 rules, a plaintiff cannot recover more than the greater of (1) $250,000 or (2) three times the economic damages […]
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