Ohio Revised Code Search
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Section 2323.41 | Collateral benefits introduced into evidence.
... loss to person or property that is the subject of the claim, except if the source of collateral benefits has a mandatory self-effectuating federal right of subrogation, a contractual right of subrogation, or a statutory right of subrogation. (B) If the defendant elects to introduce evidence described in division (A) of this section, the plaintiff may introduce evidence of any amount that the plaintiff has paid or c... |
Section 2323.42 | Motion and hearing to determine good faith of claim.
...etric claim, or chiropractic claim, the court shall conduct a hearing regarding the existence or nonexistence of a reasonable good faith basis upon which the particular claim is asserted against the moving defendant. The defendant shall file the motion not earlier than the close of discovery in the action and not later than thirty days after the court or jury renders any verdict or award in the action. After the moti... |
Section 2323.421 | Medical liability action - out-of-state physician deemed licensed in Ohio to testify.
...pose of providing such testimony and is subject to the authority of the state medical board and the provisions of Chapter 4731. of the Revised Code. The conclusion of an action against a physician shall not be construed to have any effect on the board's authority to take action against a physician who testifies as an expert witness under this section. |
Section 2323.43 | Limitation on compensatory damages that represent economic loss.
...o division (B)(2) of this section, and, subject to division (D)(1) of this section, the court shall enter a judgment in favor of the plaintiff for compensatory damages for noneconomic loss. In no event shall a judgment for compensatory damages for noneconomic loss exceed the maximum recoverable amount that represents damages for noneconomic loss as provided in divisions (A)(2) and (3) of this section. Division (A) of... |
Section 2323.44 | Rights of subrogee.
...injured party in a tort action shall be subject to both of the following: (1) If less than the full value of the tort action is recovered for comparative negligence, diminishment due to a party's liability under sections 2307.22 to 2307.28 of the Revised Code, or by reason of the collectability of the full value of the claim for injury, death, or loss to person resulting from limited liability insurance or any othe... |
Section 2323.45 | Medical liability action - affidavit of noninvolvement by health care provider - procedure.
...vement, the court shall impose upon the person who signed the affidavit or represented the defendant, or both, an appropriate sanction, including, but not limited to, an order to pay to other parties to the claim the amount of the reasonable expenses that the parties incurred as a result of the filing of the false or inaccurate affidavit, including reasonable attorney's fees. (E) In any action in which the court det... |
Section 2323.451 | Affidavits of merit; discovery; joinder.
...from the filing of the complaint. (E) Subject to division (F) of this section, after the expiration of the one-hundred-eighty-day period described in division (D)(2) of this section, the plaintiff shall not join any additional medical claim or defendant to the action unless the medical claim is for wrongful death, and the period of limitation for the claim under section 2125.02 of the Revised Code has not expired. ... |
Section 2323.46 | Fees on summons to another county.
...When a summons is issued to another county, it may be returned by mail, and the sheriff shall be entitled to the same fees as if it had issued in the county of which he is sheriff. |
Section 2323.51 | Frivolous conduct in filing civil claims.
...nduct may file a motion for an award of court costs, reasonable attorney's fees, and other reasonable expenses incurred in connection with the civil action or appeal. The court may assess and make an award to any party to the civil action or appeal who was adversely affected by frivolous conduct, as provided in division (B)(4) of this section. (2) An award may be made pursuant to division (B)(1) of this section upon... |
Section 2323.52 | Civil action to declare person vexatious litigator.
...r is found to be a vexatious litigator, subject to division (D)(2) of this section, the court of common pleas may enter an order prohibiting the vexatious litigator from doing one or more of the following without first obtaining the leave of that court to proceed: (a) Instituting legal proceedings in the court of claims or in a court of common pleas, municipal court, or county court; (b) Continuing any legal proc... |
Section 2323.55 | Future damages in medical malpractice actions.
...s the jury or, in a nonjury action, the court. (B) In any civil action upon a medical, dental, optometric, or chiropractic claim in which a plaintiff makes a good faith claim against the defendant for future damages that exceed fifty thousand dollars, upon motion of that plaintiff or the defendant, the trier of fact shall return a general verdict and, if that verdict is in favor of that plaintiff, answers to interro... |
Section 2323.56 | Periodic payments of future damages.
...s the jury or, in a nonjury action, the court. (B)(1) In any tort action that is tried to a jury and in which a plaintiff makes a good faith claim against the defendant in question for future damages that exceed two hundred thousand dollars, upon motion of that plaintiff or the defendant in question, the court shall instruct the jury to return, and the jury shall return, a general verdict and, if that verdict is in ... |
Section 2323.57 | General verdict for future damages.
...In any tort action to which section 2323.55 or 2323.56 of the Revised Code does not apply, if a plaintiff makes a good faith claim against a defendant for future damages, the trier of fact shall return a general verdict and, if that verdict is in favor of the plaintiff, answers to interrogatories or findings of fact that specify both of the following: (A) The past damages recoverable by that plaintiff; (B) The futu... |
Section 2323.58 | Transfer of structural settlement payment rights definitions.
...hat is established by a settlement or a court judgment in resolution of a tort claim. (M) "Structured settlement agreement" means an agreement, judgment, stipulation, or release that embodies the terms of a structured settlement, including the rights of a payee to receive periodic payments. (N) "Structured settlement obligor" means the party that has the obligation to make continuing periodic payments to the payee ... |
Section 2323.581 | Valid transfer of structural settlement payment rights.
...proved in advance in a final order of a court of competent jurisdiction based on express findings by the court of all of the following: (A) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents. (B) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received that a... |
Section 2323.582 | Contents and form of disclosure statement.
...Not less than ten days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in boldface type of the minimum size of fourteen points, setting forth all of the following: (A) The amounts and due dates of the structured settlement payments that would be transferred under the transfer agreement; (B) The aggregate amount of the payments... |
Section 2323.583 | Transfer of structured settlement payment rights; applicable procedures.
... and the annuity issuer may rely on the court order approving the transfer in redirecting periodic payments to an assignee or transferee in accordance with the order approving the transfer and shall, as to all parties except the transferee or an assignee designated by the transferee, be discharged and released from any and all liability for the redirected payments. That discharge and release shall not be affected by ... |
Section 2323.584 | Filing application for approval in advance of transfer.
... application. The payee shall appear in person at the hearing unless the court determines that good cause exists to excuse the payee from appearing in person. (2) Not less than twenty days prior to the date set by the court for the hearing on an application filed pursuant to this section, the transferee shall file with the court and shall serve on all interested parties, including a parent or other guardian or autho... |
Section 2323.585 | Immunity - waiver - illegal transfers.
...(A) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on a failure of the transfer to comply with any of the requirements of sections 2323.581 to 2323.584 of the Revised Code. (B) No provision of this section or section 2323.581, 2323.... |
Section 2323.586 | Settlement obligor and annuity issuer immune from liability.
...Compliance with section 2323.582 of the Revised Code and the fulfillment of the conditions set forth in section 2323.581 of the Revised Code shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requiremen... |
Section 2323.587 | Consumer sales practices act applicability.
...A violation of or failure to comply with section 2323.581, 2323.582, 2323.583, 2323.584, 2323.585, or 2323.586 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. |
Section 2325.03 | Bona fide purchaser unaffected.
...be vacated, modified, or set aside, the person then holding the title in question was not lawfully served with process or notice, as required by the law or Civil Rules applicable to the proceeding. |
Section 2325.12 | Recovery of excess of amount claimed in pleading.
...When, by mistake of the pleader, the amount claimed in the pleading and recovered is less than the true amount then due, the party injured by the mistake may recover the balance by civil action, without costs. |
Section 2325.15 | Revivor of dormant judgment or finding.
...nt may be revived, or such finding made subject to execution as judgments at law are, in the manner prescribed for reviving actions before judgment, or by action in the court in which such judgment was rendered or finding made, or in which transcript of judgment was filed. |
Section 2325.16 | Service by publication.
...only for judgments or findings in which personal service originally was made on the adverse party. |