Kellard v. Cincinnati

Citations

• 171 N.E.3d 868
• 2021 Ohio 1420

Syllabus

FORMER R.C. 9.68 — JUSTICIABILITY — ATTORNEY FEES: Where policies alleged to violate former R.C. 9.68 were fully repealed after the plaintiff's complaint was filed, but before the trial court entered any orders, the trial court lost subject matter jurisdiction to award declaratory and injunctive relief. The trial court retained subject matter jurisdiction to award attorneys' fees to a party who \prevails in a challenge\ under former R.C. 9.68(B). A party \prevails in a challenge\ under former R.C. 9.68(B) when he or she can show that the lawsuit was the but-for cause of a voluntary policy change. Attorneys' fees incurred in pursuit of a non-justiciable injunction after a former R.C. 9.68 plaintiff \prevails in a challenge\ are not reasonable and must be excluded from the trial court's attorneys' fee award.