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

7 Ohio opinions name it 1 courts 1986–2019 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 (2)

CaseFollowedCited
Bryant v. Dayton Casket Co.green
ohio · 1982 · cited in 5 Ohio opinions naming this issue, 1986–2007
2 sentences

2007R.C. 4123.90 states: No employer shall discharge * * * any employee because the employee filed a claim or instituted, pursued or testified in any proceedings under the workers’ compensation act for an injury * * * which occurred in the course of and arising out of his employment with that employer. {¶ 36} R.C. 4123.90 applies only when an employee has been discharged as a result of “taking some action which would constitute the actual pursuit of his claim.” Bryant v. Dayton Casket Co. (1982), 69 Ohio St.2d 367, 371 , 23 O.O.3d 341 , 433 N.E.2d 142 .

2007R.C. 4123.90 states: No employer shall discharge * * * any employee because the employee filed a claim or instituted, pursued or testified in any proceedings under the workers’ compensation act for an injury * * * which occurred in the course of and arising out of his employment with that employer. {¶ 36} R.C. 4123.90 applies only when an employee has been discharged as a result of “taking some action which would constitute the actual pursuit of his claim.” Bryant v. Dayton Casket Co. (1982), 69 Ohio St.2d 367, 371 , 23 O.O.3d 341 , 433 N.E.2d 142 .

15
Dresher v. Burtgreen
ohio · 1996 · cited in 1 Ohio opinions naming this issue, 2019–2019
1 sentence

2019Dresher v. Burt, 75 Ohio St.3d 280, 293 (1996). {¶8} In granting summary judgment in favor of ROCE on Pursuit’s claim for foreclosure of its mechanic’s lien, the trial court found that because Pursuit served the notice of furnishing prior to performing any work or furnishing any materials for the project, it did not 4 provide proper notice of a mechanic’s lien.

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 (1)

CaseCitedYears
In Re Estate of Allison neutral
ohioctapp · 1965
1 sentence

2006The recovery of extraordinary fiduciary fees due to the pursuit or defense of litigation involving the will may be charged to the estate "regardless of whether [the] will is ultimately determined to be valid or invalid." Richmond v. Allison (1965), 9 Ohio App.2d 333 , 335 .

12006–2006

Statutes the citing opinions construe

OH § Ohio Rev. Code § 4123.90 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 18 (1973–2025) AL 8 (1981–2010) NJ 8 (1959–2024) NY 8 (1935–2023) OH 7 (1986–2019) GA 6 (2013–2021) TN 5 (1994–2019) CT 5 (1916–2021) CA 5 (1979–2015) OK 4 (1940–2016) OR 4 (1905–1993) WA 3 (1920–2007) FL 3 (1983–2011) WV 3 (1992–2015) MO 3 (1981–2016) IL 3 (1955–2024) IN 2 (2010–2010) NH 2 (2018–2019) LA 2 (1975–2010) CO 2 (1989–1991) UT 2 (2001–2016) WY 2 (1996–2000)

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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