paper allegation without hearing (Ohio) · Go Syfert
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paper allegation without hearing in Ohio

5 Ohio opinions name it 1 courts 1994–2019 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Mentor Lagoons, Inc. v. Rubingreen
ohio · 1987 · cited in 4 Ohio opinions naming this issue, 1994–2006
2 sentences

2006In Ross , the court found that in light of the analysis required by Mentor Lagoons, supra, in order to disqualify counsel under DR 5-102, "it is a reversible error for the trial court to summarily disqualify an attorney solely on a paper allegation without a hearing." Id. at 130, citing Mentor Lagoons, supra, at 258 . {¶ 22} However, the Eighth Appellate District later clarified its position, noting: "Significantly, while the Ross court did mandate that a hearing be conducted, it did not mandate the manner in which that hearing was to be conducted." Landzberg v. 10630 Berea Road, Inc., Cuyahog

2006In Ross , the court found that in light of the analysis required by Mentor Lagoons, supra, in order to disqualify counsel under DR 5-102, "it is a reversible error for the trial court to summarily disqualify an attorney solely on a paper allegation without a hearing." Id. at 130, citing Mentor Lagoons, supra, at 258 . {¶ 22} However, the Eighth Appellate District later clarified its position, noting: "Significantly, while the Ross court did mandate that a hearing be conducted, it did not mandate the manner in which that hearing was to be conducted." Landzberg v. 10630 Berea Road, Inc., Cuyahog

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Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Ross v. Ross green
ohioctapp · 1994
2 sentences

2019The Eighth District reversed, concluding “it is reversible error for the trial court to summarily disqualify an attorney solely on a paper allegation without a hearing.” Id. at 130 . {¶33} The Reos fail to acknowledge the Eighth District later clarified its position in Landzberg, supra, where it noted “while the Ross court did mandate that a hearing be 9 conducted, it did not mandate the manner in which that hearing was to be conducted.” Id. at *5. {¶34} Accordingly, the case law establishes that while a trial court is required to hold a hearing to consider whether a lawyer should be disqualif

2006In Ross , the court held that in light of the analysis required by Mentor Lagoons , in order to disqualify counsel under DR 5-102, “it is a reversible error for the trial court to summarily disqualify an attorney solely on a paper allegation without a hearing.” Id. at 130, 640 N.E.2d 265 , citing Mentor Lagoons, 31 Ohio St.3d at 258 , 31 OBR 459, 510 N.E.2d 379 . {¶ 22} However, the Eighth Appellate District later clarified its position, noting: “Significantly, while the Ross court did mandate that a hearing be conducted, it did not mandate the manner in which that hearing was to be conducted.

32002–2019

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