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· 9/21/2023

ABV Corp. v. Cantor

Citations

  • 224 N.E.3d 1178
  • 2023 Ohio 3363

Syllabus

Breach of contract contract modification CSPA damages sewer construction attorney fees bona fide error. Appellee sewer construction company introduced sufficient evidence to demonstrate that the parties' conduct implicitly modified their original contract and that appellant homeowners, by their conduct, waived the no-oral-modification clause. Regarding appellants' counterclaim of CSPA violation against appellee, appellants failed to prove actual economic damages resulting from appellee's CSPA violation. The trial court properly determined that the jury should award $200 in statutory damages should it find appellee to have violated the CSPA. The jury's finding that the CSPA violation was a bona fide error precluded an award of attorney fees.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that, in some circumstances, an employee has a reasonable expectation of privacy in his or her workplace
  • concluding that “ ‘special needs, beyond the normal need for law enforcement make the ... probable-cause requirement impracticable’ ” for work related investigations
  • holding that a psychiatrist employed by a state hospital had a reasonable expectation of privacy in his office
  • holding that a psychiatrist employed by a state hospital had a reasonable expectation of privacy in his office
  • holding that government employers may conduct warrantless, work-related searches of employees' offices without probable cause
  • holding that government employers may conduct warrantless, work-related searches of employees’ offices without probable cause

Source: CourtListener parenthetical corpus (CC0).

Judges: Sheehan

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