Kalain test (Ohio) · Go Syfert
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Kalain test in Ohio

6 Ohio opinions name it 1 courts 2001–2016 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
Maynard v. Eaton Corp., Unpublished Decision (6-14-2004)green
ohioctapp · 2004 · cited in 1 Ohio opinions naming this issue, 2005–2005
2 sentences

2005See, e.g., Maynard v. Eaton, Marion App. No. 9-03-48, 2004-Ohio-3025 ; Miller v. Miller Miller Accountants, Inc., Richland App. No. 2002-CA-0068; Berdyck v. Shinde (1996), Ottawa App. No. OT-95-018. {¶ 20} In the instant case, the trial court enumerated each of the Kalain factors and found that there was insufficient evidence to satisfy "the standards imposed by R.C. 1343.03 (C)." As discussed below, this conclusion is supported by the record.

2005See, e.g., Maynard v. Eaton, Marion App. No. 9-03-48, 2004-Ohio-3025 ; Miller v. Miller Miller Accountants, Inc., Richland App. No. 2002-CA-0068; Berdyck v. Shinde (1996), Ottawa App. No. OT-95-018. {¶ 20} In the instant case, the trial court enumerated each of the Kalain factors and found that there was insufficient evidence to satisfy "the standards imposed by R.C. 1343.03 (C)." As discussed below, this conclusion is supported by the record.

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
Detelich v. Gecik green
ohioctapp · 1993
2 sentences

2016In Detelich v. Gecik (1993), 90 Ohio App.3d 793, 797 , 630 N.E.2d 771 , the 11th District found both the first and third prongs of the Kalain test for good faith were uncontroverted; nevertheless, the appellate court found a lack of good faith solely on a finding the appellant failed to rationally evaluate his risk.

2016In Detelich v. Gecik (1993), 90 Ohio App.3d 793, 797 , 630 N.E.2d 771 , the 11th District found both the first and third prongs of the Kalain test for good faith were uncontroverted; nevertheless, the appellate court found a lack of good faith solely on a finding the appellant failed to rationally evaluate his risk.

32001–2016
Allied E. D. v. City of Youngstown, Unpublished Decision (6-24-2004) neutral
ohioctapp · 2004
2 sentences

2011No. 03-MA-179, 2004-Ohio-3665 (trial court’s reference to “bad faith” can be ignored when it relied on Kalain factors to reach its decision); DiMario v. Aras (Oct. 29, 1999), 1st Dist.

2005Accordingly, because we find that the trial court relied on the "good faith" standard in reaching its decision, we find it unnecessary to reverse and remand for a new hearing merely due to the trial court's reference to "bad faith." See Allied Erecting Dismantling Co. v. City of Youngstown, Mahoning App. No. 03-MA-179, 2004-Ohio-3665 (trial court's reference to "bad faith" can be ignored when it relied on the Kalain factors to reach its decision); DiMario v. Aras (Oct. 29, 1999), Hamilton App. No. C-990107 (trial court's inclusion of "bad faith" language does not require reversal when court ap

32005–2011
Moskovitz v. Mt. Sinai Medical Center green
ohio · 1994
2 sentences

2011Pierce at ¶17, citing Moskovitz, 69 Ohio St.3d at 659 . {¶13} Although it appears to address the Kalain factors, taken in its entirety, the order does not reflect the proper “good faith” standard.

2011Pierce at ¶17, citing Moskovitz, 69 Ohio St.3d at 659 . {¶13} Although it appears to address the Kalain factors, taken in its entirety, the order does not reflect the proper “good faith” standard.

12011–2011
Andre v. Case Design, Inc. green
ohioctapp · 2003
2 sentences

2006Although a substantial disparity between an offer and a verdict is one factor circumstantially demonstrating whether a party made a good-faith effort to settle or the adverse party failed to do so * * *." Andre v. Case Design, Inc., 154 Ohio App.3d 323 , 328 .

2006Although a substantial disparity between an offer and a verdict is one factor circumstantially demonstrating whether a party made a good-faith effort to settle or the adverse party failed to do so * * *." Andre v. Case Design, Inc., 154 Ohio App.3d 323 , 328 .

12006–2006

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