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· 3/21/2024

Hawken School v. Machado

Citations

  • 240 N.E.3d 352
  • 2024 Ohio 1060

Syllabus

Summary judgment affidavit deposition personal knowledge contract breach liquidated damages notice pleading strike actual damages penalty. The trial court did not err in denying defendant's motion to strike the affidavit supporting plaintiff's motion for summary judgment, or in denying defendant's motion for a more definite statement. The trial court did not err in granting summary judgment in favor of the plaintiff because the evidentiary materials established the defendant's breach of the school-enrollments agreements and the validity of the liquidated damages provision contained therein.

How courts have described this case

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

  • collecting cases and noting “prisoner slip-and-fall 24 claims almost never serve as a predicate for constitutional violations.”
  • If a state court makes factual findings without an opportunity 24 for the petitioner to present evidence, the fact-finding process may be deficient and the state court 25 opinion may not be entitled to deference.

Source: CourtListener parenthetical corpus (CC0).

Judges: E.T. Gallagher

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