Surace v. Wuliger

Appellee argues that the due process provision of the Ohio Constitution permits redress of his cause of action because he has no alternative remedy to pursue, inasmuch as he was not named as a party in the RICO action. Appellee maintains that the alleged defamatory pleading is neither relevant nor pertinent to the RICO action, pursuant to this court’s prior decisions in Mauk v. Brundage (1903), 68 Ohio St. 89, and Bigelow v. Brumley (1941), 138 Ohio St. 574 [21 O.O. 471]. Appellee further contends that such a pertinence standard must necessarily be strict in light of due process…