Posted In: Litigation and Litigation & Information Management
Business Litigation Advisory: Litigation Management – Avoiding Headaches with Early Planning and Defensible Protocols
By Joseph K. Cole & Brandi L. Doniere on August 3, 2021
Litigation management is often perceived as an eDiscovery service, involving document collection and review. While that is one component of litigation management, effective litigation management involves a more comprehensive approach focused on managing documents and data before, during, and after litigation....
Business Litigation Blog: Battle of Tech Titans Involves Reminder About the Importance of Protecting Privilege
By Kyle A. Shelton on June 14, 2021
The attorney-client privilege is one of the oldest and most important protections in our legal system. By protecting the confidentiality of communications between a client and its attorney, the privilege promotes the honesty and open disclosure that are necessary to permit attorneys to provide and clients to obtain fully informed legal advice....
Posted In: Litigation
By David Sporar on June 7, 2021
Contractual indemnity is a way to transfer risk under a contract. In general, one party (the indemnitor) promises to pay the other party (the indemnitee) for any "loss" the indemnitee suffers in connection with its activities under the contract. Such "loss" can arise when, for example, the indemnitee is sued for its activities under the contract, is found liable, and is required to pay someone else money as damages. The indemnitee may turn around and demand that the indemnitor pay it what it had to pay someone else. The arrangement seems simple enough when the contract language and the amount of the loss are clear and undisputed, but that is rarely the case. One area of dispute is when the indemnitee settles the underlying claim against it before any judgment is entered....
Litigation and Real Estate & Construction
RE&C in Review and Business Litigation Advisory: Eighth District Finds Oral Hearing Unnecessary Before Compelling Arbitration
By Teresa G. Santin on May 3, 2021
On April 8, 2021, the Eighth District Court of Appeals affirmed a trial court decision denying a motion to compel arbitration and/or stay the matter pending arbitration. AJZ's Hauling, L.L.C. v. TruNorth Warranty Program of N. Am., 8th Dist. Cuyahoga No. 109632, 2021-Ohio-1190. Appellant contended that the trial court erred when it (1) determined that res judicata did not apply; (2) failed to hold a hearing prior to making its decision; and (3) found the arbitration provision at issue both procedurally and substantively unconscionable....
RE&C In Review & Litigation Advisory Blog: Eighth District Reaffirms Alleged Cancellation of Contract Containing Arbitration Clause is Referable to Arbitration
By Teresa G. Santin on April 19, 2021
A disputed cancellation of a construction or commercial contract likely won't excuse the contracting parties from the operation of an arbitration clause contained within that same contract. Roark et al. v. Keystate Homes LLC et al., 8th Dist. Cuyahoga No. 109488, 2021-Ohio-707....