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Results: 1-7 of 7

Doctor’s sympathetic statement to patient cannot be used as evidence of liability

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • May 7 2013

On April 23, 2013, the Ohio Supreme Court issued its opinion in Estate of Johnson v. Randall Smith, Inc., Slip Opinion No. 2013-Ohio-1507. In Johnson

Ohio court finds bifurcation of compensatory and punitive damages unconstitutional

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • December 2 2010

In Havel v. Villa St. Joseph, slip op., 2010-Ohio-5251, the Eighth District Court of Appeals declared unconstitutional R.C. 2315.21(B), which mandated bifurcation of the compensatory and punitive damage phases of a trial

The judicial testing of tort reform

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • March 25 2010

Earlier this month, the Supreme Court of Georgia issued two decisions which each upheld portions of Georgia's 2005 Tort Reform Initiative

The Ohio Supreme Court assuages fears that “never events” could constitute negligence per se

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • November 19 2009

On June 3, 2009, the Ohio Supreme Court published its opinion in Lang v. Holly Hill Motel, Inc., Slip Opinion No. 2009-Ohio-2495

You need physician negligence, but you may not need the physician

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • August 28 2009

An ongoing Ohio issue has existed of whether a negligent credentialing claim can be pursued against a hospital without a prior finding that the plaintiff’s injury was caused by the negligence of a physician who had privileges at the hospital

Ohio Supreme Court: the proper response for failure to file an affadavit of merit in a medical malpractice case is a motion to dismiss

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • October 31 2008

On October 23, 2008, the Ohio Supreme Court held that the proper response to the failure to file the affidavit of merit required by Civ.R. 10(D)(2) is a motion to dismiss pursuant to Civ.R. 12(B)(6

Ohio Supreme Court sets aside $3 million punitive damage award in wrongful death lawsuit

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • July 18 2008

On July 9, 2008, in a 4-3 decision, the Ohio Supreme Court in Barnes v. Univ. Hosps. Of Cleveland set aside a $3 million jury verdict, holding that the lower court, in reviewing the award for excessiveness, failed to analyze the award according to certain specific federal standards intended to ensure the reasonableness and proportionality of damages awards