Jacobs v. Budak, 2007-T-0033 (6-6-2008)

{¶ 109} Believing we provided the trial court, and the parties, with an incorrect and unworkable statement of the applicable law inJacobs I, leads me to conclude we should correct our prior error. That error may have affected the evidence Ms. Jacobs chose to present regarding all defendants, as well as her evidence on damages. I further believe Ms. Jacobs presented evidence sufficient to meet the actual malice standard when Mr. Budak's conduct is considered. On these bases, I would reverse and remand.

{¶ 110} As the majority correctly states, reviewing courts are, generally, bound by the law…