Legal Opinion

Pivonka v. Sears

Court of Appeals of Ohio, Eighth District, Cuyahoga County

Decided December 6, 2018No. 106749PublishedCited by 9 opinions

1Opinion of the Court

MARY J. BOYLE, P.J.:

{¶ 1} Defendant-appellant, Barbara Sears, the director of Ohio's Department of Medicaid ("the Department"), appeals the trial court's order granting the plaintiffs' motion to certify a class. The Department raises five assignments of error for review:

1. R.C. 5160.37(P) deprived the court of subject matter jurisdiction to proceed or certify a class.

*3482. The court erred by including individuals in the class who repaid money before April 6, 2009.

3. The court erred by finding that Civ.R. 23(B)(2) applied despite the fact that Plaintiffs' primary goal was monetary relief.

4. The…

2Cases cited35 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  3. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  4. Comcast Corp. v. BehrendSupreme Court of the United States · 2013
  5. Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006

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3Cited by9 opinions

  1. Pivonka v. Corcoran (Slip Opinion)Ohio Supreme Court · 2020
  2. Nyland v. Olmsted Falls City CouncilOhio Court of Appeals · 2019
  3. Masters v. Ohio Dept. of MedicaidOhio Court of Appeals · 2022
  4. Midland Funding, L.L.C. v. ColvinOhio Court of Appeals · 2019
  5. Pivonka v. CorcoranOhio Court of Appeals · 2024

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