Brantley, Inc. v. Tornstrom

Citations

• 249 N.E.3d 748
• 2024 Ohio 2908

Syllabus

Summary judgment standing real party in interest admission pleading attorney fees block-billing fee shifting expert report untimely proof damages breach of contract. Appellants waived defenses of standing and real party in interest by failing to timely raise the defenses. Fee-shifting agreement was enforceable where parties had equal bargaining power, the terms were freely negotiable, and the provision did not promote illegal acts or act as penalty. Although block-billing in attorney-fee bills is not a best practice, it is not per se illegal and attorney fees may be awarded if the court can determine they are reasonable. Appellants were not prejudiced by late production of attorney-fee expert report where appellees' counsel could have testified to the reasonableness of attorney fees if the expert had been excluded.