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· 4/22/2022

Borthwick v. Dept. of Bldg. & Inspections

Citations

  • 2022 Ohio 1335

Syllabus

CIV.R. 12(B)(6) — CIV.R. 8(A) — INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS — MALICIOUS PROSECUTION — RACIAL DISCRIMINATION: The trial court's sua sponte dismissal of plaintiff's complaint was proper where the plaintiff plainly failed to allege facts in support of his claims for malicious prosecution, intentional infliction of emotional distress, and racial discrimination.

How courts have described this case

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

  • construing near identical policy language to the present case and rejecting insurer’s argument that determining household membership is as straight-forward as whether persons live under the same roof
  • stating that the VaiareUa factors are “nonexclusive”
  • question of who qualifies as \insured\ under policy is legal question

Source: CourtListener parenthetical corpus (CC0).

Judges: Bock

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