Noteworthy Litigation

The following is a representative sample of litigation which our office has handled and which involved reported court decisions:

Civil Procedure:

Neither the manufacturer or the distributor of mobile homes may be held liable for actions that were filed outside the applicable statute of limitations. Bliss v. Marcus’s Fieldbrook, Clark County Common Pleas Court Case No. 02-CV-0716 and Court of Appeals Case No. 02-CA-0095

An individual does not become the guarantor for another person’s performance under a contract, unless the individual specifically commits oneself to a guarantor obligation. Chateau Estates v. Baumann, 2005-Ohio-435.

Creditor Rights:

An attorney and his client who filed a United States Bankruptcy Petition in bad faith in order to avoid compliance with a State Court Judgment could each be held liable under alternating claims of malicious prosecution and/or abuse of process. The United States Bankruptcy Court dismissed the Chapter 11 Bankruptcy Petition, because the Petition was filed for the sole purpose of avoiding compliance with a State Court Order. The Ohio Court of Appeals found that the determination by the United States Bankruptcy Court that the Bankruptcy Petition was filed in bad faith was sufficient to give rise, under Ohio law, for claims against the attorney and his client for malicious prosecution and abuse of process. Dever v. Lucas, 174 Ohio App. 3d 725 (Ohio App. 5 Dist. 2008), 884 N.E. 2d 641, 2008-Ohio-332

Gratuitous transfers made by a nursing home resident to her children, while monies remained due and owing to the nursing home, may be challenged as fraudulent conveyances. The debt that arose from the health care which was provided to the resident may be satisfied with the recovery of the transferred assets. Masonic Health Care, Inc. v. Finley, 176 Ohio App. 3d 529 (Ohio App. 2 Dist. 2008), 892 N.E. 2d 942, 2008-Ohio-2891.

Probate Matters:

A testator may provide her Executor with the option to personally purchase property from her Estate, pursuant to the terms and conditions which were specified by the testator in her testamentary will. The manner by which the testator defined the option will be enforced under Ohio law. The Executor’s exercise of the option did not constitute self-dealing. In re: Estate of Maxine Deloris Stevens, Court of Appeals Case No. 2011-CA-26, 2012 Ohio 1860

The Administrator of a Decedent’s Estate may assert the Decedent’s property interests through the filing and defense of an Inventory for the Estate. A Decedent’s assets may be recovered by his Estate’s Administrator, when the sale of such assets was attempted after the Decedent’s death without compliance with the Probate law. In re: Estate of Donald A. Staccia a/k/a Donald A. Staccia, PhD a/k/a Donald A. Staccia, Sr., Clark County Probate Court Case No. 2008-0337

Taxation:

Radio broadcasting facilities which were used exclusively to propagate a religious gospel constituted a house used exclusively for public worship and was entitled to exemption under the Ohio real property tax, pursuant to R.C. 5709.07(A)(2). Listeners to a religious radio station could share mutual interest relationships that constitute a society which promotes religious worship. World Evangelistic Enterprise Corporation v. Tracy, Tax Commissioner, 96 Ohio App. 3rd 78 (Ohio App. 2 Dist. 1994), 644 N.E. 2d 678

Water Quality:

Residents of a mobile home park are entitled to relief under R.C. 3733.10 to correct the mobile home park’s water system, when the system was distributing water that had toxic levels of iron and arsenic. Non-Employees of Chateau Estates Resident Association, et al. v. Chateau Estates, Ltd., 2003-Ohio-2514