For the Public

Ohio’s saving statute, R.C. 2305.19, permits a plaintiff whose claims are filed within the applicable statute of limitations, but then dismissed otherwise on merits, to refile their claims within one year. Courts have noted the forgiving nature of the statute, explaining that it “is a remedial statute and is to be given a liberal construction to permit the decision of

Class action defendants have developed a mantra that, at the certification stage, “a trial court must undertake a rigorous analysis, which may include probing the underlying merits of the plaintiff’s claim[.]” Stammco, L.L.C. v United Tel. Co. of Ohio. Defendants often improperly interpret the probing of the underlying merits to mean that, instead of addressing the Rule 23 prerequisites when

When a court certifies a class action, due process requires that the class members receive notice. Although email accounts are ubiquitous and generally available for free to anyone with internet access, courts have been reluctant to approve email notice as the primary form of notice to class members. That reluctance is misplaced. Courts have never required that notice in Rule