Legal Opinion
Schwering v. TRW Vehicle Safety Systems, Inc.
Ohio Supreme Court
Decided April 4, 2012No. 2011-0438PublishedCited by 6 opinions
1Opinion of the CourtLanzinger, J.
{¶ 1} In this case, we decide whether a plaintiff is permitted to unilaterally dismiss a lawsuit without prejudice pursuant to Civ.R. 41(A)(1)(a) after a declaration of mistrial.
{¶ 2} Pursuant to S.Ct.Prac.R. XVIII, we have accepted an issue certified by the United States District Court for the Southern District of Ohio, Western Division: “Where a jury has been empaneled and sworn and the trial has commenced for purposes of Ohio Civ.R. 41(A)(1)(a), and the trial court subsequently declares a mistrial, does Rule 41(A)(1)(a) permit the plaintiff to unilaterally voluntarily dismiss his or her…
2Cases cited9 opinions
- Frysinger v. LeechOhio Supreme Court · 1987
- Chadwick v. Barba Lou, Inc.Ohio Supreme Court · 1982
- Douthitt v. GarrisonOhio Court of Appeals · 1981
- Phelps v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1887
- Beckner v. StoverOhio Supreme Court · 1969
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3Cited by6 opinions
- State v. CastagnolaOhio Supreme Court · 2015
- DeWalt v. Tuscarawas Cty. Health Dept.Ohio Court of Appeals · 2012
- Estate of Brummitt v. Ohio Mut. Ins. GroupOhio Court of Appeals · 2017
- Inverness Gardens, L.L.C. v. MaherOhio Court of Appeals · 2014
- Kenneth Schwering v. TRW Vehicle Safety Systems, Inc.Court of Appeals for the Sixth Circuit · 2013
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