Johnson v. Ohio Dept. of Taxation
Citations
- 2023 Ohio 4139
Syllabus
Civ.R. 56(B) summary judgment genuine issue of material fact fraud unjust enrichment personal knowledge. No genuine issue of material fact existed for plaintiff's claims of fraud and unjust enrichment because plaintiff failed to present sufficient evidence that funds were ever received by defendant. Defendant's motion for summary judgment granted.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that reasonable foreseeability does not “require that litigation be ‘imminent, or probable without significant contingencies’” (citation omitted)
- holding a party must have “intended to impair the 9 ability” of a litigant to put on a case or defend itself to find “bad faith” (quoting Schmid, 13 F.3d at 80)
- noting that information may not be in the party’s control or that information the party has preserved may be destroyed by events outside the party’s control
- holding a party must have \intended to impair the ability\ of a litigant to put on a case or defend itself to find \bad faith\ (quoting Schmid , 13 F.3d at 80 )
- stating that “courts have the inherent power to control litigation by im- posing sanctions appropriate to rectify improper conduct by litigants” (internal quotation marks and citation omitted)
- stating that the standard for whether a duty to preserve existed is reasonableness
Source: CourtListener parenthetical corpus (CC0).
Judges: Sadler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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