The Defensive Line Blog

Asbestos Update: Ohio Supreme Court Rejects “Cumulative Exposure” Theory

Posted on February 8th, 2018 by Nathan F. StudenyNathan F. Studeny

Today,[1] the Ohio Supreme Court joined a growing wave of federal[2] and state courts[3] in resolving the heated legal debate over use of the “cumulative exposure” theory to prove causation in asbestos litigation. In asbestos exposure cases, plaintiffs argue that a persons “cumulative exposure” to asbestos, a crafty spinoff of the “each and every exposure”…

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Judicial Panel on Multidistrict Litigation Brings Opioid Cases to Cleveland

Posted on December 28th, 2017 by Denise A. DickersonDickerson

The Judicial Panel on Multidistrict Litigation recently created an MDL for opioid litigation. For those unfamiliar with multidistrict litigation, the system allows federal courts to consolidate similar cases into one action. This streamlines the discovery process and pretrial motions for more efficient handling. It also helps to ensure consistency with evidentiary issues. MDLs have been…

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Tennessee Supreme Court Unanimously Holds the Only Admissible Evidence of Medical Expenses in Tort Suits is the Amount Billed

Posted on November 28th, 2017 by Christopher J. SchroeckChristopher J. Schroeck

In any case involving personal injuries, medical expenses are an important consideration. This is true not only because they are their own category of damages, but because juries tend to see them as indicative of the severity of the injury suffered. The Tennessee Supreme Court just made it much harder to limit the amount of…

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OACTA Confers Excellence in Advocacy Award to Lawrence Sutter

Posted on November 16th, 2017 by Matthew C. O’ConnellMatthew O'Connell

The Ohio Association of Civil Trial Attorneys conferred its Excellence in Advocacy Award to Lawrence A. Sutter III, posthumously, at the OACTA Annual Meeting in Cleveland on November 16, 2017.  The Excellence in Advocacy Award annually honors a lawyer who has distinguished him or herself over a number of years by the recipient’s professionalism, intelligence,…

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It’s Never Too Early to do the Right Thing: Fifth District Affirms Trial Court’s Discretion in Dismissing Case with Prejudice for Lack of Prosecution

Posted on September 28th, 2017 by Kevin W. KitaKita

Sutter O’Connell notched yet another appellate victory this week in the Fifth District case captioned S.C. a minor, et al. v. Licking County Health Department, et al. The Court of Appeals unanimously affirmed the Licking County trial court’s decision to dismiss a negligence claim with prejudice for lack of prosecution just seven months after the…

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OACTA’s 2017 Excellence in Advocacy Award to Honor Larry Sutter

Posted on September 26th, 2017 by Matthew C. O’ConnellMatthew O'Connell

The Ohio Association of Civil Trial Attorneys announced today that it will present its 2017 Excellence in Advocacy Award to Lawrence A. Sutter III, posthumously.   Calling Larry “one of the most revered and accomplished defense lawyers in Ohio”, the award will recognize Larry’s lifetime of professional accomplishments.  The Excellence in Advocacy Award is presented annually…

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