Fiani v. Worldpay, L.L.C.

Citations

• 234 N.E.3d 1235
• 2024 Ohio 304

Syllabus

CIV.R. 15 – MOTION FOR LEAVE TO AMEND COMPLAINT – ATTORNEY-CLIENT PRIVILEGE – WAIVER: The trial court did not abuse its discretion in denying plaintiff's motion for leave to amend the complaint where the amendment was not timely and would have been futile. Where defendants informed plaintiff that they intended to waive the attorney-client privilege, despite asserting it in discovery, three months before the trial was scheduled and six months before the trial actually took place, defendants offered to reopen depositions at their expense, and plaintiff did not file a motion in limine regarding the waiver and admission of related evidence at trial, the trial court did not abuse its discretion in overruling plaintiff's objection to defendants' waiver of the attorney-client privilege.