Posted In:
Litigation and Real Estate & Construction
Industry:
Construction
RE&C In Review & Litigation Advisory Blog: Can Arbitration Clauses Apply Retroactively?
By Teresa G. Santin on December 10, 2020
Yes, it is possible for arbitration clauses to apply to claims that predate the contract containing the arbitration clause at issue. Retroactive application of an arbitration clause depends on the language of the arbitration provision and applicable substantive law....
Posted In: Litigation
Litigation Blog: Attorney Fees Remain Available as Compensatory Damages for Breach of Settlement Agreement
By David Sporar on December 8, 2020
Whether one can recover attorney fees incurred in a lawsuit, in addition to standard monetary damages, is a common question clients have when they are required to sue others to vindicate their rights and recover for their harm. Typically, the answer to that question is: no....
Posted In: Litigation
Litigation Blog: Defending Corporate Actions by Applying the Business Judgment Rule
By P. Wesley Lambert on November 23, 2020
It is well understood that officers and directors of Ohio corporations owe a fiduciary duty to the corporation. This fiduciary duty is heightened when one serves on behalf of a close corporation. In these circumstances, a director owes a fiduciary duty to both the corporation and its shareholders, and the director's actions may be more closely scrutinized....
Posted In: Litigation
Litigation Blog: Applicable Statute of Limitations in Declaratory Judgment Actions Depends on the Nature of the Underlying Action
By P. Wesley Lambert on October 26, 2020
Examining the statute of limitations applicable to the appellants' claims in Naiman Family Partners, the 8th District Court of Appeals noted that Ohio's declaratory judgment statute does not establish the applicable statute of limitations for declaratory judgment actions....
Posted In: Litigation
Business Litigation Blog: Significant Amendments to Ohio Rules of Court
By David Sporar on July 8, 2020
David Sporar discusses recent amendments to the Ohio Rules of Court, effective July 1, 2020, that will, in some respects, change the way civil litigators manage their cases in Ohio courts....
