breach of fiduciary claim (Ohio) · Go Syfert
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breach of fiduciary claim in Ohio

9 Ohio opinions name it 1 courts 2005–2026 5 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 (5)

CaseFollowedCited
Lukasiewicz v. Piotrowiczgreen
ohioctapp · 2024 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025This court has held that “issues raised for the first time in summary judgment proceedings could constitute an amendment to prior pleadings under Civ.R. 15(B) if the issue was ‘implicitly tried’ by the parties.” Lukasiewicz v. Piotrowicz, 2024-Ohio-2754, ¶ 13 (6th Dist.), citing Staniec v. Rosiar, 2021-Ohio-2142 , ¶ 23 (6th Dist.).

11
Lykins v. Miami Valley Hospitalgreen
ohioctapp · 2004 · cited in 1 Ohio opinions naming this issue, 2022–2022
2 sentences

2022See Lykins v. Miami Valley Hosp., 157 Ohio App.3d 291, 323 , 2004-Ohio-2732 (2d Dist.2004).

2022See Lykins v. Miami Valley Hosp., 157 Ohio App.3d 291, 323 , 2004-Ohio-2732 (2d Dist.2004).

11
In re Termination of Employment of Prattgreen
ohio · 1974 · cited in 1 Ohio opinions naming this issue, 2022–2022
1 sentence

2022Thus, "[w]here there is no fiduciary relationship between the parties, a breach of fiduciary claim necessarily fails." Patel at ¶ 47, citing Waffen v. Summers, 6th Dist. No. OT-08-034, 2009-Ohio-2940 , ¶ 41. {¶ 42} A fiduciary relationship is a relationship " 'in which special confidence and trust is reposed in the integrity and fidelity of another and there is a resulting position of superiority or influence, acquired by virtue of this special trust.' " Groob v. KeyBank, 108 Ohio St.3d 348 , 2006-Ohio-1189 , ¶ 16, quoting In re Termination of Emp. of Pratt, 40 Ohio St.2d 107, 115 (1974).

11
Spalla v. Fransengreen
ohioctapp · 2010 · cited in 1 Ohio opinions naming this issue, 2016–2016
2 sentences

2016Spalla v. Fransen, 188 Ohio App.3d 666 , 2010-Ohio-3461 , 936 N.E.2d 559, ¶ 28-29 (11th Dist.2010). {¶ 28} Here, appellant avers Reeves had a duty to send notification to a specific address in New York, did not serve appellant at this address, and therefore, failed to comply with due process requirements.

2016Spalla v. Fransen, 188 Ohio App.3d 666 , 2010-Ohio-3461 , 936 N.E.2d 559, ¶ 28-29 (11th Dist.2010). {¶ 28} Here, appellant avers Reeves had a duty to send notification to a specific address in New York, did not serve appellant at this address, and therefore, failed to comply with due process requirements.

11
Foust v. Valleybrook Realty Co.green
ohioctapp · 1981 · cited in 1 Ohio opinions naming this issue, 2005–2005
2 sentences

2005See Parahoo v. Mancini (Apr. 14, 1998), Franklin App. No. 97APE08-1071, 1998 WL 180539 (citing Foust v. Valleybrook Realty Co. (1981), 4 Ohio App.3d 164 , 446 N.E.2d 1122 ).

2005See Parahoo v. Mancini (Apr. 14, 1998), Franklin App. No. 97APE08-1071, 1998 WL 180539 (citing Foust v. Valleybrook Realty Co. (1981), 4 Ohio App.3d 164 , 446 N.E.2d 1122 ).

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
Campbell v. 1 Spring, L.L.C. green
ohioctapp · 2024
1 sentence

2026The second scenario arises “where there is an objection to the evidence offered on grounds that it is not within the issues framed by the pleadings.” Id. {¶ 17} Bellows did not expressly consent to the trial of a breach of fiduciary claim.

12026–2026
Palmer v. Hopkins, 2006-A-0020 (6-15-2007) neutral
ohioctapp · 2007
1 sentence

2025Palmer v. Hopkins, 2007-Ohio-3026 (11th Dist.). {¶129} As to appellees’/cross-appellants’ second argument that the damages assessed by the jury belong to Clark Brothers rather than to Jay individually, we agree a breach of fiduciary claim against the majority shareholder claim occurs when a shareholder manipulates control over a close corporation to unfairly acquire personal benefits owing to or not otherwise available to minority shareholders.

12025–2025
Edelman v. JELBS green
ohioctapp · 2015
1 sentence

2025Edelman v. JELBS, 2015-Ohio-5542 (10th Dist).

12025–2025
State v. Massien green
ohio · 2010
2 sentences

2022A fiduciary "has a duty, created by its undertaking, to act primarily for the benefit of another in matters connected with its undertaking." Cristino v. Admr., Ohio Bur. of Workers' Comp., 10th Dist. No. 12AP-60, 2012-Ohio-4420 , ¶ 17, citing State v. Massien, 125 Ohio St.3d 204 , 2010-Ohio-1864, ¶ 35 .

2022A fiduciary "has a duty, created by its undertaking, to act primarily for the benefit of another in matters connected with its undertaking." Cristino v. Admr., Ohio Bur. of Workers' Comp., 10th Dist. No. 12AP-60, 2012-Ohio-4420 , ¶ 17, citing State v. Massien, 125 Ohio St.3d 204 , 2010-Ohio-1864, ¶ 35 .

12022–2022
Groob v. KeyBank green
ohio · 2006
1 sentence

2022Thus, "[w]here there is no fiduciary relationship between the parties, a breach of fiduciary claim necessarily fails." Patel at ¶ 47, citing Waffen v. Summers, 6th Dist. No. OT-08-034, 2009-Ohio-2940 , ¶ 41. {¶ 42} A fiduciary relationship is a relationship " 'in which special confidence and trust is reposed in the integrity and fidelity of another and there is a resulting position of superiority or influence, acquired by virtue of this special trust.' " Groob v. KeyBank, 108 Ohio St.3d 348 , 2006-Ohio-1189 , ¶ 16, quoting In re Termination of Emp. of Pratt, 40 Ohio St.2d 107, 115 (1974).

12022–2022
Byrley v. Nationwide Life Insurance green
ohioctapp · 1994
2 sentences

2017Byrley , 94 Ohio App.3d at 13 -14 , 640 N.E.2d 187 .

2017Byrley , 94 Ohio App.3d at 13 -14 , 640 N.E.2d 187 .

12017–2017
Luri v. Republic Services, Inc. green
ohioctapp · 2011
2 sentences

2013In Kramer, the district court held that the definition of “tort action” outlined in R.C. 2315.21 did not apply to R.C. 1701.59, which governed the breach of fiduciary claim at issue. {¶64} In addition, we remain reliant on our determination in Luri v. Republic Servs., 193 Ohio App.3d 682 , 2011-Ohio-2389 , 953 N.E.2d 859 (8th Dist.), rev’d on other grounds, 132 Ohio St.3d 316 , 2012-Ohio-2914 , 971 N.E.2d 944 , that R.C. 2315.21 applies to retaliatory discharge actions brought under R.C.

2013In Kramer, the district court held that the definition of “tort action” outlined in R.C. 2315.21 did not apply to R.C. 1701.59, which governed the breach of fiduciary claim at issue. {¶64} In addition, we remain reliant on our determination in Luri v. Republic Servs., 193 Ohio App.3d 682 , 2011-Ohio-2389 , 953 N.E.2d 859 (8th Dist.), rev’d on other grounds, 132 Ohio St.3d 316 , 2012-Ohio-2914 , 971 N.E.2d 944 , that R.C. 2315.21 applies to retaliatory discharge actions brought under R.C.

12013–2013
Luri v. Republic Servs., Inc. neutral
ohio · 2012
1 sentence

2013In Kramer, the district court held that the definition of “tort action” outlined in R.C. 2315.21 did not apply to R.C. 1701.59, which governed the breach of fiduciary claim at issue. {¶64} In addition, we remain reliant on our determination in Luri v. Republic Servs., 193 Ohio App.3d 682 , 2011-Ohio-2389 , 953 N.E.2d 859 (8th Dist.), rev’d on other grounds, 132 Ohio St.3d 316 , 2012-Ohio-2914 , 971 N.E.2d 944 , that R.C. 2315.21 applies to retaliatory discharge actions brought under R.C.

12013–2013
Luri v. Republic Services, Inc. green
ohio · 2012
2 sentences

2013In Kramer, the district court held that the definition of “tort action” outlined in R.C. 2315.21 did not apply to R.C. 1701.59, which governed the breach of fiduciary claim at issue. {¶64} In addition, we remain reliant on our determination in Luri v. Republic Servs., 193 Ohio App.3d 682 , 2011-Ohio-2389 , 953 N.E.2d 859 (8th Dist.), rev’d on other grounds, 132 Ohio St.3d 316 , 2012-Ohio-2914 , 971 N.E.2d 944 , that R.C. 2315.21 applies to retaliatory discharge actions brought under R.C.

2013In Kramer, the district court held that the definition of “tort action” outlined in R.C. 2315.21 did not apply to R.C. 1701.59, which governed the breach of fiduciary claim at issue. {¶64} In addition, we remain reliant on our determination in Luri v. Republic Servs., 193 Ohio App.3d 682 , 2011-Ohio-2389 , 953 N.E.2d 859 (8th Dist.), rev’d on other grounds, 132 Ohio St.3d 316 , 2012-Ohio-2914 , 971 N.E.2d 944 , that R.C. 2315.21 applies to retaliatory discharge actions brought under R.C.

12013–2013

Where else courts name it

CA 19 (2013–2026) NY 16 (2005–2025) TX 15 (1993–2025) OH 9 (2005–2026) DE 8 (2017–2026) ME 5 (2011–2022) IL 4 (2013–2022) WI 3 (2004–2018) WY 3 (2016–2023) ND 2 (1997–1997) GA 2 (2016–2019) CT 2 (2000–2023) MO 2 (2018–2019)

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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