Fahey Banking Co. v. Grady & Assocs.

Citations

• 234 N.E.3d 1103
• 2024 Ohio 159

Syllabus

Motion for summary judgment legal malpractice expert testimony disgorgement. Due to the complexities of the claims, allegations, and legal issues raised in the plaintiff-appellant's legal-malpractice case, the plaintiff-appellant was required to produce expert testimony to establish that its attorneys breached the requisite standard of care. The plaintiff-appellant's allegations of malpractice against its attorneys contemplate the communications, strategies, and tactical decisions involved in resisting a change in control and structuring, drafting, and negotiating contracts and compensation agreements for various bank executives. The evaluation of such matters, especially in the context of the banking and regulatory industry, is not within the general experience or knowledge of a layperson. Because the plaintiff-appellant failed to present expert testimony, the trial court properly found that no genuine issues of material fact remained and granted summary judgment in favor of its attorneys. Summary judgment was also proper as to the plaintiff-appellant's disgorgement claim since disgorgement is a remedy for a claim and not a claim for relief under Ohio law.