Legal Opinion

Gembarski v. Partssource, Inc.

Ohio Court of Appeals

Decided December 11, 2017No. 2016–P–0077PublishedCited by 2 opinions

1Opinion of the CourtCynthia Westcott Rice, P.J.

{¶ 1} Appellant, PartsSource, Inc., appeals from the judgment of the Portage County Court of Common Pleas, granting a motion to certify class action filed by appellee, Edward F. Gembarski. At issue is whether a class defined as all current and former employees who earned commissions from the sales of medical equipment and whose earned commissions were subject to rescission if the accounts were not paid within a ninety-day period satisfies the requirements of Civ.R. 23 for certification. We affirm the trial court's judgment.

{¶ 2} On October 1, 2012, appellee filed a class-action complaint for…

Also in this document: Concurrence; Dissent.

2Cases cited20 opinions

  1. Eastley v. VolkmanOhio Supreme Court · 2012
  2. Hall v. BealsSupreme Court of the United States · 1969
  3. Smith v. Bayer Corp.Supreme Court of the United States · 2011
  4. Marks v. C.P. Chemical Co.Ohio Supreme Court · 1987
  5. Warner v. Waste Management, Inc.Ohio Supreme Court · 1988

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3Cited by2 opinions

  1. Gembarski v. PartsSource, Inc. (Slip Opinion)Ohio Supreme Court · 2019
  2. Gembarski v. PartsSource, Inc.Ohio Court of Appeals · 2020

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