Legal Opinion

In re Disqualification of Forchione

Ohio Supreme Court

Decided January 28, 2013No. 13-AP-006 and 13-AP-007Published

1Opinion of the CourtO’Connor, C.J.

{¶ 1} Steven J. Hupp and Ronald A. Margolis, counsel for defendants, have filed affidavits with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Frank G. Forchione from presiding over further proceedings in case No. 2011-CV-03120, a medical-malpractice and wrongful-death action now pending for trial in the Court of Common Pleas of Stark County.

{¶ 2} Hupp and Margolis allege that Judge Forchione is biased and prejudiced in favor of plaintiff because, at a January 22, 2013 oral hearing, he granted plaintiffs motion to strike defendants’ jury demand. According to Hupp,…

2Cases cited6 opinions

  1. Simmons v. Goodwill Industries of Akron, Inc.Ohio Supreme Court · 2003
  2. In re Disqualification of SolovanOhio Supreme Court · 2003
  3. Signer v. SignerOhio Supreme Court · 2005
  4. In re Disqualification of CorriganOhio Supreme Court · 2004
  5. In re Disqualification of HooverOhio Supreme Court · 2006

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