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Tony Graber

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Tony is a senior associate in the Litigation Department with a wealth of experience in civil trial advocacy and appellate practice.

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When the Ohio Supreme Court accepts a proposition of law for jurisdictional appeal, it typically requires litigants to file merit briefs and present oral arguments before the Court. But what if the Ohio Supreme Court and an intermediate appellate court issue conflicting rulings almost simultaneously? In rare instances, after issuing its ruling in an already submitted case, the Court may sua sponte accept your client’s jurisdictional appeal and render a judgment based on the precedent set in that prior case – resolving your case in one swift action. Continue Reading Victory without a word: How to win your case at the Ohio Supreme Court without merit briefing or oral argument

Jury demand withdrawal

Under Civ.R. 38(B), a party seeking a jury trial must serve a jury demand on the other party or parties not later than 14 days after the service of the last pleading directed to such issue. It has long been held by the Ohio Supreme Court that trial court local rules requiring a jury deposit to accompany the jury demand are a reasonable and moderate regulation of the right of trial by jury, and not an impairment of that right. Where a local rule requires a jury deposit, the jury demand is perfected upon both timely serving the jury demand and paying the jury deposit. The Ohio Supreme Court recently confirmed in Estate of Tomlinson v. Mega Pool Warehouse that Civ.R. 38(D) controlled over a trial court’s local rule requiring each party seeking a jury trial to pay a jury deposit. Thus, once one of the parties perfects a jury demand, the right to a jury trial is secured for all parties and cannot be withdrawn without the consent of all parties. In this case, your author briefed and orally argued the case before the Ohio Supreme Court on behalf of the defendants.Continue Reading 2024 Ohio Supreme Court precedent in review