DECISION AND ENTRY Richard P. Ferenc , Judge . Before the Court for determination, are cross-motions for summary judgment filed by Plaintiff, Total Quality Logistics, LLC ("TQL") and Defendant, Balance Transportation, LLC. ("Balance"). For the detailed reasons set forth below, the Court grants Balance's motion as to the three claims asserted against it by TQL, and thereby denies TQL's motion as to the same claims. The Court grants TQL's motion as to Balance's counterclaim and thereby...
FRYE, Judge. 1. Introduction { 1} Prompted by the announcement of a proposed corporate merger, three cases (now consolidated) were filed by four shareholders of Pinnacle Data Systems, Inc. ("PDSi"). Under a proposal unanimously endorsed by PDSi's board of directors, holders of PDSi common shares would receive $2.40 per share in an all-cash merger with a newly created subsidiary of Avnet, Inc., a Fortune 500 company. The proposed transaction has been valued at roughly $22 million. { 2}...
HORTON, Judge. { 1} This motion is before the court upon defendant's motion for summary judgment filed on July 27, 2010. Plaintiff filed a memorandum contra on August 13, 2010. Defendant filed a reply on August 23, 2010. The motion is considered submitted to the court for decision pursuant to Loc.R. 21.01 and 57.01. Factual History { 2} The facts of this case are not in dispute. Defendant, Mark A. Hill, has owned and resided in his home located at 1765 Gerrand Avenue in Columbus, Ohio,...
R.R. DENNY CLUNK, Judge. { 1} This matter came on for a hearing before the court on November 18 and 19, 2010, on a complaint for a declaratory judgment filed by the city of Warren, Ohio, against Vienna Township, Trumbull County, Ohio; Eric J. Rebhan and Regina Rebhan, coexecutors of the estate of John C. Rebhan, deceased; and the Ohio Department of Taxation. The complaint requests a declaration by the court that John C. Rebhan was domiciled in the city of Warren at the time of his death and...
BERENS, Judge. { 1} This matter is before the court upon the motion to dismiss filed by 29 of the defendants on December 20, 2010. For the reasons that follow, defendants' motion is overruled. STATEMENT OF THE CASE { 2} This is a personal-injury action in which several causes of action are alleged, including medical malpractice. Defendants move to dismiss on the authority of Civ.R. 10(D)(2) and 12(B)(6). 1 The motion under consideration argues that plaintiffs' complaint is...
FRYE, Judge. I. Introduction { 1} This case concerns a consent-to-settlement clause in an insurance policy written to backstop a self-insured business under Ohio's workers' compensation system. The Fishel Company was responsible for employee claims up to $300,000. To protect itself above that self-insured retention, Fishel purchased a policy entitled "Excess Workers' Compensation Policy" sold by Republic Western Insurance Company. { 2} James R. Richards was a longtime Fishel...
FRYE, Judge. I. Introduction { 1} Every day, the state of Ohio feeds tens of thousands of people. It does so in settings ranging from adult prisons and youth corrections facilities to the Ohio schools for the blind and the deaf. The diet afforded those who dine with the state includes fresh fruits and vegetables. To obtain quality produce at sensible prices, the Ohio Department of Administrative Services ("DAS") uses one master contract to supply nearly 50 institutions scattered across...
VICTOR M. HADDAD, Judge. { 1} This matter came before the court on August 6, 2009, pursuant to the following: a motion to strike filed by the plaintiffs; a motion to strike filed by the defendant Katherine's Ridge Development, L.L.C. ("Katherine's Ridge"), a motion for summary judgment filed by the plaintiffs, a motion for summary judgment filed by defendant Katherine's Ridge; a motion for summary judgment filed by defendants JTD Realty Investment, L.L.C. ("JTD") and James Arnold, and a...
JAMES L. KIMBLER, Judge. { 1} Julie and Kenneth Kovach filed a complaint for personal injuries arising out of an automobile accident that took place on October 3, 2003. On October 16, 2006, they filed an amended complaint and named Progressive Insurance as a party defendant. The claim against Progressive Insurance was based on a contract of insurance that contained an uninsured/underinsured motorist provision. The amended complaint added Progressive Insurance as a party defendant; the...
