Legal Opinion

Hamilton v. Ohio Savings Bank

Ohio Supreme Court

Decided June 10, 1998No. 96-2624PublishedCited by 148 opinions

1Opinion of the CourtAlice Robie Resnick, J.

The single issue presented by appellant’s appeal and Ohio Savings’ cross-appeal is whether, and to what extent, the trial court properly refused to certify this case as a class action pursuant to Civ.R. 23.

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STANDARD OF REVIEW

In Marks v. C.P. Chem. Co., Inc. (1987), 31 Ohio St.3d 200, 31 OBR 398, 509 N.E.2d 1249, at the syllabus, the court held that “[a] trial judge has broad discretion in determining whether a class action may be maintained and that determination will not be disturbed absent a showing of an abuse of discretion.”

Appellants suggest that because there was no live testimony…

2Cases cited55 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Bowen v. City of New YorkSupreme Court of the United States · 1986
  4. Gulf Oil Co. v. BernardSupreme Court of the United States · 1981
  5. Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996

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3Cited by148 opinions

  1. Philip Morris Inc. v. AngelettiCourt of Appeals of Maryland · 2000
  2. Cullen v. State Farm Mutual Automobile InsuranceOhio Supreme Court · 2013
  3. State ex rel. Davis v. Public Employees Retirement BoardOhio Supreme Court · 2006
  4. Baughman v. State Farm Mutual Automobile InsuranceOhio Supreme Court · 2000
  5. In re Conagra Foods, Inc.District Court, C.D. California · 2015

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