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“Permanent and Substantial Deformity”: What it Means and How it is Interpreted Regarding the Application of the Statutory Cap on...

Ohio law caps damages that can be awarded for pain and suffering (i.e., noneconomic damages) up to $350,000 in tort claims unless a plaintiff can establish that she: (1) sustained a permanent and substantial physical...more

Minding Your P’s And Q’s: How To Properly Assert And Maintain The Empty Chair Defense

The “Empty Chair” defense, or so it has been called, is an affirmative defense under Ohio law that allows a defendant in a tort action to seek an allocation of fault to one or more parties that are not a party to the lawsuit...more

Can An Ohio Jury Award $0 For Pain And Suffering Even When It Finds That Plaintiff Was Injured? It Depends.

Non-economic damages for pain and suffering are a source of constant consternation for Ohio courts because of their intangible properties and unquantifiable characteristics, which is why the subject is normally left for...more

Supreme Court Of Ohio Tolls Litigation Deadlines And Timelines

The Supreme Court of Ohio issued an order effectuating and expanding upon the emergency legislation Governor DeWine signed into law on March 27, 2020 in response to COVID-19, which tolled statutes of limitations, as well as...more

New Ohio Law Tolls Statutes Of Limitations and Deadlines In Civil Lawsuits Due To COVID-19

On Wednesday, March 25, 2020, the Ohio House and Senate passed House Bill 197.1 The emergency COVID-19 legislation, which was signed into law by Governor DeWine, will have an immediate impact on active and impending...more

DOT Suspends FMCSR Enforcement For COVID-19 Supply And Passenger Transportation; Ohio Suspends Intrastate HOS Enforcement

In an unprecedented move, the Department of Transportation (DOT) issued an Emergency Declaration that suspends the enforcement of most Federal Motor Carrier Safety Regulations (FMCSR) for COVID-19 supply and passenger...more

Ohio’s Solution For Exorbitant Towing And Storing Fees: Ohio Revised Code 4513.70

Ohio Revised Code 4513.70 permits an insurance company to bring a civil action against a towing service or storage facility to recover a motor vehicle, dispute the amount billed for services, or both. The action must be filed...more

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