Category Archives: Damages

Supreme Court of Ohio Sua Sponte Dismisses Certified Question from Federal Court in Breach of Contract Case.

On June 16, 2016, in Am. Mun. Power, Inc. v. Bechtel Power Corp. Slip Opinion No. 2016-Ohio-3431, the Supreme Court of Ohio declined, sua sponte, by a vote of 5-2, to answer a certified question from federal court after … Continue reading

Posted in Contracts, Damages, Ohio Supreme Court Watch |

What Happened on Remand: More On Sivit v. Village Green of Beachwood, L.P

Update: On November 9, 2016, the Supreme Court of Ohio declined jurisdiction in both the appeal and cross appeal in this case.

As I posted here, after the Supreme Court of Ohio reversed and remanded this case to apply … Continue reading

Posted in Damages, Ohio Supreme Court Watch, Torts, What Happened on Remand | Tagged , |

What’s On Their Minds: Does R.C. 2307.60 Independently Authorize a Civil Action for Criminal Acts? Jessica Jacobson v. Ellen Kaforey et al.

Update: On December 28, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“Would you say that any criminal act gives rise to civil recovery?” Chief Justice O’Connor, to … Continue reading

Posted in Damages, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , |

What Happened on Remand: A Big Argument Over Distribution of the Punitive Damages. Sivit v. Village Green of Beachwood, L.P

Update: Read more about what happened on remand here.

Case Background

In October of 2007, a building in the Village Green Apartments in Beachwood was destroyed by fire.  The apartments were owned by Village Green of Beachwood, L.P., and … Continue reading

Posted in Damages, Ohio Supreme Court Watch, Torts, What Happened on Remand |

Oral Argument Preview: Does R.C. 2307.60 independently authorize a civil action for criminal acts? Jessica Jacobson v. Ellen Kaforey et al.

Update: On December 28, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

On April 19, 2016, the Supreme Court of Ohio will hear oral argument in the case … Continue reading

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Merit Decision: Court Upholds Liquidated Damages Provision in Public Works Construction Contract. Boone Coleman Constr., Inc. v. Piketon.

On February 24, 2016, the Supreme Court of Ohio handed down a merit decision in Boone Coleman Constr., Inc. v. Piketon, 2016-Ohio-628. In a fractured 6-1 opinion authored by Chief Justice O’Connor, the court upheld a contractual liquidated-damages provision … Continue reading

Posted in Contracts, Damages, Merit Decisions, Ohio Supreme Court Watch | Tagged , , |

What’s On Their Minds: Is the Statutory Cap on Non-Economic Damages Unconstitutional As Applied to a Minor Sex Abuse Victim? Simpkins v. Grace Brethren Church of Delaware, Ohio

Update: On December 14, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“But Arbino has already gone through the rational basis test and has said this statute is constitutional … Continue reading

Posted in Constitutional Law, Damages, Ohio Supreme Court Watch, Student Contributors, Torts, What's On Their Minds? | Tagged , |

What’s On Their Minds: The Effect of Reckless Conduct on a Contractual Limitation of Liability Clause. American Municipal Power, Inc. v. Bechtel Power Corporation.

Update: On June 16, 2016, the Supreme Court of Ohio declined to answer the certified question and dismissed the case. 2016-Ohio-3431.

On October 27, 2015, the Supreme Court of Ohio heard oral argument in the case of American Municipal … Continue reading

Posted in Contracts, Damages, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , |

What’s On Their Minds: Liquidated Damages or Penalty in Public Construction Contract? Boone Coleman Construction Co., Inc. v. Village of Piketon, Ohio.

Update: On February 24, 2016, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“Is this a big problem in the construction area? I don’t see a whole host of … Continue reading

Posted in Contracts, Damages, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , , |

Oral Argument Preview: Liquidated Damages or Penalty in Public Construction Contract? Boone Coleman Construction Co., Inc. v. Village of Piketon, Ohio.

Update: On February 24, 2016, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read the analysis of the oral argument here.

On June 9, 2015, the Supreme Court … Continue reading

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