Sekeres v. Arbaugh

I respectfully dissent because I believe that the majority should address (but does not) an issue that causes a substantial chill on the requirement of Section 16, Article I of the Ohio Constitution that the courts of Ohio be open to every person for the administration of justice without denial or delay.

In this case, Merrill, Lynch, Pierce, Fenner & Smith, Inc., a corporation of worldwide dimension, has provided in its pre-printed customer *29agreement that if the customer makes a claim against the corporation, the customer shall pay “any cost incurred by Merrill, Lynch in successfully defending…