unclean hands doctrine (Ohio) · Go Syfert
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unclean hands doctrine in Ohio

23 Ohio opinions name it 2 courts 1998–2026 12 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 (13)

CaseFollowedCited
Patterson v. Blantongreen
ohioctapp · 1996 · cited in 2 Ohio opinions naming this issue, 1998–1998
2 sentences

1998See, also, Patterson v. Blanton (1996), 109 Ohio App.3d 349, 354 , 672 N.E.2d 208, 211 (discussing the doctrine of unclean hands).

1998See, also, Patterson v. Blanton (1996), 109 Ohio App.3d 349, 354 , 672 N.E.2d 208, 211 (discussing the doctrine of unclean hands).

22
Basil v. Vincellogreen
ohio · 1990 · cited in 2 Ohio opinions naming this issue, 2026–2026
2 sentences

2026DeWine v. Shadyside Party Ctr., 2014-Ohio-2357, ¶ 29 (7th Dist.), citing Basil v. Vincello, 50 Ohio St.3d 185 (1990).

2026Basil v. Vincello, 50 Ohio St. 3d 185, 190 (1990).

12
North Coast Cookies, Inc. v. Sweet Temptations, Inc.green
ohioctapp · 1984 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026A party’s conduct in the litigation itself may cause it to suffer sanctions, but it will not invoke the ‘clean hands’ doctrine.” N. Coast Cookies, Inc. v. Sweet Temptations, Inc., 16 Ohio App.3d 342, 344, fn. 1 (8th Dist. 1984).

11
State ex rel. DeWine v. Shadyside Party Ctr.green
ohioctapp · 2014 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026DeWine v. Shadyside Party Ctr., 2014-Ohio-2357, ¶ 29 (7th Dist.), citing Basil v. Vincello, 50 Ohio St.3d 185 (1990).

11
State ex rel. Miller v. Hamilton Cty. Bd. of Elections (Slip Opinion)green
ohio · 2021 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Bd. of Elections, 2021-Ohio-831, ¶ 16 (noting in a prohibition action that we have occasionally 14 January Term, 2025 recognized the “potential applicability” of the unclean-hands defense in mandamus actions).

11
Pons v. Ohio State Medical Boardgreen
ohio · 1993 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Bd., 66 Ohio St.3d 619, 621 (1993). {¶27} Turning first to Copley Tire’s second assignment of error, it argues that its objection “refers to specific findings by the magistrate.” In support, Copley Tire points to the memorandum in support of its objection wherein it alleges that “the [m]agistrate erred and abused his discretion in granting [Proamerica] judgment for back rent after the lockout.” It further states that its memorandum in support “analyzes the doctrine of unclean hands, which indicates the basis upon which the objection was filed[,] [and] [t]hus, it satisfies the requirement of Ci

11
Littler v. Janisgreen
ohioctapp · 2024 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025We initially observe that the doctrine of 18 Case No. 2024-P-0046 unclean hands “is an affirmative defense,” and generally must “be raised in the pleadings or in an amendment to the pleading, or it is waived.” (Citations omitted.) Littler v. Janis, 2024-Ohio-1145, ¶ 29 (10th Dist.).

11
Goldberger v. Bexley Propertiesgreen
ohio · 1983 · cited in 1 Ohio opinions naming this issue, 2023–2023
1 sentence

2023However, the unclean hands doctrine “ ‘requires only that the plaintiff must not be guilty of reprehensible conduct with respect to the subject-matter of his suit.’ ” Goldberger v. Bexley Properties, 5 Ohio St.3d 82, 85 (1983), quoting Kinner v. Lake Shore & Michigan S. Ry.

11
HSBC Bank USA, Natl. Assn. v. Banksgreen
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2022–2022
1 sentence

2022Cuyahoga No. 111241, 2022-Ohio-3044, ¶ 22 (“Appellant did not file an answer and assert [the doctrine of unclean hands] at the trial-court level.

11
Graham v. City of Lakewoodgreen
ohctapp8cuyahog · 2018 · cited in 1 Ohio opinions naming this issue, 2021–2021
2 sentences

2021“For a trial court to grant a motion to dismiss for failure to state a claim upon which relief can be granted, it must appear ‘beyond doubt from the complaint that the plaintiff can prove no set of facts entitling her [or him] to relief.’” Graham v. Lakewood, 2018-Ohio-1850 , 113 N.E.3d 44, ¶ 47 (8th Dist.), quoting Grey v. Walgreen Co., 197 Ohio App.3d 418 , 2018-Ohio-6167 , 967 N.E.2d 1249, ¶ 3 (8th Dist.). {¶ 48} Under the doctrine of unclean hands, “one who seeks equity must do equity.” State ex rel.

2021“For a trial court to grant a motion to dismiss for failure to state a claim upon which relief can be granted, it must appear ‘beyond doubt from the complaint that the plaintiff can prove no set of facts entitling her [or him] to relief.’” Graham v. Lakewood, 2018-Ohio-1850 , 113 N.E.3d 44, ¶ 47 (8th Dist.), quoting Grey v. Walgreen Co., 197 Ohio App.3d 418 , 2018-Ohio-6167 , 967 N.E.2d 1249, ¶ 3 (8th Dist.). {¶ 48} Under the doctrine of unclean hands, “one who seeks equity must do equity.” State ex rel.

11
Grey v. Walgreen Co.green
ohioctapp · 2011 · cited in 1 Ohio opinions naming this issue, 2021–2021
2 sentences

2021“For a trial court to grant a motion to dismiss for failure to state a claim upon which relief can be granted, it must appear ‘beyond doubt from the complaint that the plaintiff can prove no set of facts entitling her [or him] to relief.’” Graham v. Lakewood, 2018-Ohio-1850 , 113 N.E.3d 44, ¶ 47 (8th Dist.), quoting Grey v. Walgreen Co., 197 Ohio App.3d 418 , 2018-Ohio-6167 , 967 N.E.2d 1249, ¶ 3 (8th Dist.). {¶ 48} Under the doctrine of unclean hands, “one who seeks equity must do equity.” State ex rel.

2021“For a trial court to grant a motion to dismiss for failure to state a claim upon which relief can be granted, it must appear ‘beyond doubt from the complaint that the plaintiff can prove no set of facts entitling her [or him] to relief.’” Graham v. Lakewood, 2018-Ohio-1850 , 113 N.E.3d 44, ¶ 47 (8th Dist.), quoting Grey v. Walgreen Co., 197 Ohio App.3d 418 , 2018-Ohio-6167 , 967 N.E.2d 1249, ¶ 3 (8th Dist.). {¶ 48} Under the doctrine of unclean hands, “one who seeks equity must do equity.” State ex rel.

11
Schaaf v. Schaaf, Unpublished Decision (6-14-2006)green
ohioctapp · 2006 · cited in 1 Ohio opinions naming this issue, 2016–2016
1 sentence

2016Medina No. 05CA0060-M, 2006-Ohio-2983, ¶ 34 (“[T]his Court is hard pressed to see how, outside of his poor credit and indebtedness due largely to his own failure to pay support payments, [former husband] is in such dire financial straits to warrant termination of his support obligation.”) {¶25} Even if we assume for argument’s sake that the trial court misapplied the doctrine of unclean hands, the error was harmless.

11
Jones v. Hyatt Legal Services (In Re Dow)green
ohsb · 1991 · cited in 1 Ohio opinions naming this issue, 2015–2015
1 sentence

2015The doctrine of unclean hands “precludes one who has defrauded his adversary in the subject matter of the action from equitable relief.” In re Dow, 132 B.R. 853, 860 (Bankr.S.D.Ohio 1991) (the doctrine of unclean hands does not apply where there is no allegation that the plaintiffs defrauded the defendant). 2.

11

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 (9)

CaseCitedYears
Miller v. Miller green
ohioctapp · 1993
2 sentences

2010Furthermore, “the unclean hands doctrine should not be imposed where a party has legal remedies available to address an opposing party’s asserted misconduct.” Safranek v. Safranek, Cuyahoga App. No. 80413, 2002-Ohio-5066 , 2002 WL 31123864 , at ¶ 20, citing Miller v. Miller (1993), 92 Ohio App.3d 340, 348-349 , 635 N.E.2d 384 . {¶ 25} Deutsche argues that the doctrine of unclean hands should not apply because “[t]he Pevarskis do not allege any reprehensible conduct by Deutsche, the current holder of the Note. * * * Rather, the Pevarskis rely on alleged conduct by Ameriquest, the lender.” In re

2010Furthermore, “the unclean hands doctrine should not be imposed where a party has legal remedies available to address an opposing party’s asserted misconduct.” Safranek v. Safranek, Cuyahoga App. No. 80413, 2002-Ohio-5066 , 2002 WL 31123864 , at ¶ 20, citing Miller v. Miller (1993), 92 Ohio App.3d 340, 348-349 , 635 N.E.2d 384 . {¶ 25} Deutsche argues that the doctrine of unclean hands should not apply because “[t]he Pevarskis do not allege any reprehensible conduct by Deutsche, the current holder of the Note. * * * Rather, the Pevarskis rely on alleged conduct by Ameriquest, the lender.” In re

42007–2011
Wiley v. Wiley, 9-06-34 (12-3-2007) neutral
ohioctapp · 2007
2 sentences

2011“Thus, for the doctrine of unclean hands to apply, the offending conduct must constitute reprehensible, grossly inequitable, or unconscionable conduct, rather than mere negligence, ignorance, or inappropriateness.” Wiley v. Wiley, Marion App. No. 9-06-34, 2007-Ohio-6423, ¶ 15 .

2010A. Unclean Hands {¶ 23} Under their sole assignment of error, the Pevarskis argue that genuine issues of material fact exist regarding the equitable defense of unclean hands. {¶ 24} “[I]t is fundamental that he who seeks equity must do equity, and that he must come into court with clean hands.” Christman v. Christman (1960), 171 Ohio St. 152 , 154, 12 O.O.2d 172 , 168 N.E.2d 153 . “[F]or the doctrine of unclean hands to apply, the offending conduct must constitute reprehensible, grossly inequitable, or unconscionable conduct, rather than mere negligence, ignorance, or inappropriateness.” Wiley

32008–2011
Key Bank Natl. Assoc. v. Bolin neutral
ohioctapp · 2011
2 sentences

2024Id. {¶18} Appellant next argues appellee misled her and thus appellee’s claims are barred by the doctrine of unclean hands.

2013Moreover, nowhere in Jackson’s affidavit does he state that GMAC ever affirmatively stated that Jackson would qualify for loan modification. {¶33} The Fifth District considered a similar argument in Key Bank Nat’l Assoc. v. Bolin, No. 2010CA00285, 2011-Ohio-4532 , wherein Bolin argued that the bank was estopped from seeking equitable relief because of the doctrine of unclean hands, on the basis that the bank would not allow Bolin to participate in a loan modification program.

22013–2024
Sharp v. Miller green
ohioctapp · 2018
1 sentence

2024No. 17 JE 0022, 2018-Ohio-4740, ¶ 37 . {¶ 30} Based on the record presented, we find unpersuasive any contention the trial court abused its discretion in failing to apply the doctrine of unclean hands.

12024–2024
Crawford v. Hawes green
ohioctapp · 2013
2 sentences

2021Accordingly, the unclean hands doctrine or law precluding enforcement of claims based on illegal acts did not justify the Complaint’s dismissal. {¶ 25} Furthermore, in Crawford v. Hawes, 2013-Ohio-3173 , 995 N.E.2d 966 (2d -12- Dist.), a co-partner was allowed to recover on unjust enrichment claims even though the trial court found that the parties had entered into an illegal contract.

2021Accordingly, the unclean hands doctrine or law precluding enforcement of claims based on illegal acts did not justify the Complaint’s dismissal. {¶ 25} Furthermore, in Crawford v. Hawes, 2013-Ohio-3173 , 995 N.E.2d 966 (2d -12- Dist.), a co-partner was allowed to recover on unjust enrichment claims even though the trial court found that the parties had entered into an illegal contract.

12021–2021
Marinaro v. Major Indoor Soccer League green
ohioctapp · 1991
2 sentences

2016Marinaro v. Major Indoor Soccer League, 81 Ohio App.3d 42 , 610 N.E.2d 450 (1991).

2016Marinaro v. Major Indoor Soccer League, 81 Ohio App.3d 42 , 610 N.E.2d 450 (1991).

12016–2016
Rivers v. Otis Elevator green
ohioctapp · 2013
1 sentence

2015Rivers v. Otis Elevator, 2013-Ohio-3917 , 996 N.E.2d 1039 , ¶ 35 (8th Dist.).

12015–2015
Dorsey v. Contemporary Obstetrics & Gynecology, Inc. green
ohioctapp · 1996
2 sentences

2010Dorsey v. Contemporary Obstetrics & Gynecology, Inc. (1996), 113 Ohio App.3d 75, 80 , 680 N.E.2d 240 . “ ‘Unconscionability has generally been recognized to include an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the other party.

2010Dorsey v. Contemporary Obstetrics & Gynecology, Inc. (1996), 113 Ohio App.3d 75, 80 , 680 N.E.2d 240 . “ ‘Unconscionability has generally been recognized to include an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the other party.

12010–2010
Smiddy v. Wedding Party, Inc. green
ohio · 1987
1 sentence

2004Smiddy v. The Wedding Party, Inc. (1987), 30 Ohio St.3d 35 , 36 .

12004–2004

Where else courts name it

CA 160 (1943–2026) TX 57 (1978–2026) CT 56 (1990–2025) NY 55 (1959–2025) NJ 44 (1932–2026) DE 42 (1934–2026) PA 41 (1954–2026) IL 40 (1947–2025) TN 35 (1924–2026) IN 34 (1994–2025) MI 31 (2015–2025) MS 30 (1987–2025) FL 26 (1957–2024) MD 23 (1968–2017) OH 23 (1998–2026) GA 19 (1963–2020) ID 15 (1985–2026) SC 15 (2001–2026) AL 12 (1968–2025) MN 12 (1977–2024) OR 12 (1972–2021) KY 12 (1952–2025) AZ 11 (1961–2022) MO 11 (2002–2024) NE 11 (1989–2019) VA 11 (1998–2026) NM 11 (1995–2023) AR 10 (1987–2026) UT 9 (2004–2024) WA 8 (1996–2024) NC 7 (1979–2018) CO 7 (2010–2025) LA 7 (1991–2023) KS 6 (1976–2022) NV 6 (2008–2021) MA 6 (1973–2015) DC 6 (1985–2026) AK 5 (2013–2024) ND 5 (1987–2025) HI 5 (1998–2024) IA 5 (1992–2023) ME 4 (1995–2018) RI 3 (1983–2009) VT 3 (2002–2025) WV 3 (1996–2020) WI 3 (1984–2021) SD 2 (2006–2015) MT 2 (2002–2020) NH 2 (1999–2016) OK 2 (1999–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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