inadequacy claim (Ohio) · Go Syfert
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inadequacy claim in Ohio

14 Ohio opinions name it 1 courts 2002–2025 3 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 (2)

CaseFollowedCited
Ron Scheiderer & Associates v. City of Londongreen
ohio · 1998 · cited in 13 Ohio opinions naming this issue, 2002–2025
2 sentences

2025A party’s counsel has engaged in frivolous conduct if a “ ‘reasonable inquiry by a party’s counsel of record should [have] reveal[ed] the inadequacy of a claim.’ ” Id., quoting Ron Scheiderer & Assocs. v. London, 81 Ohio St.3d 94, 97-98 (1998).

2023A party’s counsel has engaged in frivolous conduct if a “ ‘reasonable inquiry by a party’s counsel of record should [have] reveal[ed] the inadequacy of a claim.’ ” Id., quoting Ron Scheiderer & Assocs. v. London, 81 Ohio St.3d 94, 97-98 (1998).

213
Burchett v. Larkingreen
ohioctapp · 2011 · cited in 1 Ohio opinions naming this issue, 2015–2015
2 sentences

2015Montgomery No. 15030, 1996 WL 125916 (Mar. 22, 1996). {¶24} Additionally, "[w]hen * * * reasonable inquiry by a party's counsel of record should reveal the inadequacy of a claim, a finding that the counsel of record has engaged in frivolous conduct is justified, as is an award, made within the statutory guidelines, to any party adversely affected by the frivolous conduct." Burchett v. Larkin, 192 Ohio App.3d 418 , 2011-Ohio-684 , 949 N.E.2d 516, ¶ 21 (4th Dist.) quoting Ron Scheiderer & Assoc. v. London, 81 Ohio St.3d 94, 97-98 , 689 N.E.2d 552 (1998). {¶25} If the reviewing court finds the tr

2015Montgomery No. 15030, 1996 WL 125916 (Mar. 22, 1996). {¶24} Additionally, "[w]hen * * * reasonable inquiry by a party's counsel of record should reveal the inadequacy of a claim, a finding that the counsel of record has engaged in frivolous conduct is justified, as is an award, made within the statutory guidelines, to any party adversely affected by the frivolous conduct." Burchett v. Larkin, 192 Ohio App.3d 418 , 2011-Ohio-684 , 949 N.E.2d 516, ¶ 21 (4th Dist.) quoting Ron Scheiderer & Assoc. v. London, 81 Ohio St.3d 94, 97-98 , 689 N.E.2d 552 (1998). {¶25} If the reviewing court finds the tr

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 (4)

CaseCitedYears
Ceol v. Zion Industries, Inc. green
ohioctapp · 1992
1 sentence

2011Id. {¶ 21} Additionally, “[w]hen * * * reasonable inquiry by a party’s counsel of record should reveal the inadequacy of a claim, a finding that the counsel of record has engaged in frivolous conduct is justified, as is an award, made within the statutory guidelines, to any party adversely affected by the frivolous conduct.” Ron Scheiderer & Assoc. v. London (1998), 81 Ohio St.3d 94, 97-98 , 689 N.E.2d 552 . {¶ 22} Whether conduct is frivolous is a question of law that an appellate court independently reviews.

12011–2011
Akron-Canton Waste Oil, Inc. v. Safety-Kleen Oil Services, Inc. green
ohioctapp · 1992
2 sentences

2009Reasonable inquiry by Jefferson's counsel would have revealed the inadequacy of his claim. {¶ 18} To establish his defamation claim, Jefferson had to prove the following four elements: "(a) a false and defamatory statement concerning another; (b) an unprivileged publication to a third party; (c) fault amounting at least to negligence on the part of the publisher; and (d) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication." (Internal citations and quotations omitted.) Akron-Canton Waste Oil, Inc. v. Safety-Kleen Oil Serv

2009Reasonable inquiry by Jefferson's counsel would have revealed the inadequacy of his claim. {¶ 18} To establish his defamation claim, Jefferson had to prove the following four elements: "(a) a false and defamatory statement concerning another; (b) an unprivileged publication to a third party; (c) fault amounting at least to negligence on the part of the publisher; and (d) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication." (Internal citations and quotations omitted.) Akron-Canton Waste Oil, Inc. v. Safety-Kleen Oil Serv

12009–2009
Riston v. Butler green
ohioctapp · 2002
2 sentences

2007Riston v. Butler , 149 Ohio App.3d 390 , 2002-Ohio-2308 , 777 N.E.2d 857 , citing Hickman v. *Page 15 Murray (Mar. 22, 1996), Montgomery App. No. CA 15030. "`In other words, a claim is frivolous if it is absolutely clear under the existing law that no reasonable lawyer could argue the claim.'" Id. at ¶ 30, quoting Hickman v. Murray. {¶ 47} The Ohio Supreme Court has stated: {¶ 48} "When a trial court has determined that reasonable inquiry by a party's counsel of record should reveal the inadequacy of a claim, a finding that the counsel of record has engaged in frivolous conduct is justified, a

2007Riston v. Butler , 149 Ohio App.3d 390 , 2002-Ohio-2308 , 777 N.E.2d 857 , citing Hickman v. *Page 15 Murray (Mar. 22, 1996), Montgomery App. No. CA 15030. "`In other words, a claim is frivolous if it is absolutely clear under the existing law that no reasonable lawyer could argue the claim.'" Id. at ¶ 30, quoting Hickman v. Murray. {¶ 47} The Ohio Supreme Court has stated: {¶ 48} "When a trial court has determined that reasonable inquiry by a party's counsel of record should reveal the inadequacy of a claim, a finding that the counsel of record has engaged in frivolous conduct is justified, a

12007–2007
Crislip v. TCH Liquidating Co. green
ohio · 1990
1 sentence

2004Crislip v. TCH Liquidating Co. (1990), 52 Ohio St.3d 251 ; Seley v. G.D.

12004–2004

Where else courts name it

NY 20 (1952–2024) CA 14 (1968–2023) OH 14 (2002–2025) NJ 8 (1962–2021) TX 8 (1974–2022) FL 7 (1976–2026) PA 7 (1928–2021) IL 6 (1979–1991) WA 6 (1970–2026) GA 4 (1993–2016) MA 4 (2011–2018) MN 3 (1974–2014) MI 3 (1993–2017) KS 3 (1923–1952) IN 3 (1988–1998) CO 2 (1974–1988) AL 2 (1984–2003) LA 2 (1982–2006) RI 2 (2000–2002) MD 2 (1986–1990) DC 2 (1990–1996)

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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