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· 10/2/2023

Durnell's RV Sales, Inc. v. Beckler

Citations

  • 226 N.E.3d 362
  • 2023 Ohio 3565

Syllabus

Ohio Consumer Sales Practices Act Waiver of Arbitration Summary Judgment Breach of Contract Damages. In evaluating a motion for summary judgment, the trial court may examine all of the evidentiary materials properly before it. Under Ohio's Consumer Sales Practices Act, an act or practice is unfair if it is unjust, partial, deceptive, or inequitable. Deceptive conduct under the CSPA must be false and material to the underlying transaction. Parties may, by their actions, waive a contractual right to arbitrate.

How courts have described this case

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

  • holding that “the defendant must demonstrate that the police and their informant took some action, beyond merely listening, that was designed deliberately to elicit incriminating remarks”
  • holding that “the defendant must demonstrate that the police and their informant took some action, beyond merely listening, that was designed deliberately to elicit incriminating remarks”
  • concluding that defendant's right to counsel not violated under Henry where police placed informant in defendant's cell because informant obeyed instructions not to question defendant, but merely to listen for information
  • holding that no Sixth Amendment violation had occurred where the defendant's statements to the informant were volunteered and the volunteering of the information was precipitated by events beyond the informant's control
  • holding that “defendant must demonstrate that the police and their informant took some action, beyond merely listening, that was designed deliberately to elicit incriminating remarks”
  • concluding that “ ‘ends of justice’ require federal courts to entertain [successive] petitions only where the prisoner supplements his constitutional claim with a color-able showing of factual innocence”

Source: CourtListener parenthetical corpus (CC0).

Judges: Willamowski

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.