motion for judgment on the pleadings

• Hignite v. Glick, Layman & Assoc., Inc., (Ohio 2011)

Dental malpractice; motion for reconsideration; motion for judgment on the pleadings; Natl. Union Fire Ins. Co. of Pittsburgh, PA v. Wuerth

• Ohio Supreme Court

• N. Frozen Foods, Inc., (Ohio 2011)

Defendant’s personal liability under guaranty was not properly disposed of by a motion for judgment on the pleadings when the contract was ambiguous.

• Ohio Supreme Court

• Bullion Monarch Mining Announces Court Denies Newmont USA Limited Motion for Judgment on the Pleadings.

OREM, Utah -- Bullion Monarch Mining, Inc. (OTCBB: BULM) (www.bullionmm.com), a natural resource company with mining interests in gold, silver and oil...

• Business Wire
• March 09, 2009

• Leiby v. Univ. of Akron, (Ohio 2011)

Judgment entry. Plaintiff's motion for summary judgment denied, defendant's motion for judgment on the pleadings granted, and plaintiff's complaint dismissed.

• Ohio Supreme Court

• Cristino v. Ohio Bur. of Workers' Comp., (Ohio 2012)

Judgment entry. Defendant's motion for judgment on the pleadings granted and judgment rendered in favor of defendant.

• Ohio Supreme Court

• DiGiorgio v. Cleveland, (Ohio 2011)

Where complaint alleged that municipality negligently trained, supervised, or disciplined its police force, trial court erred in denying city’s motion for judgment on the pleadings because no exception to immunity under R.C. 2744.02(B) applied; where complaint alleged that the police acted recklessly, willfully, and wantonly, but contained no factual allegations to support the assertions, the trial court erred in denying motion for judgment on the pleadings because complaint was inadequate to sufficiently allege any exception to immunity.

• Ohio Supreme Court

• Ihenacho v. Ohio Inst. of Photography & Technology, (Ohio 2011)

Trial court did not err when it granted appellee’s motion for default judgment. Trial court did not err when it granted appellee’s motion for judgment on the pleadings regarding appellant’s unsupported claims for conversion, fraud, discrimination, and emotional distress. Trial court did not err when it granted appellee’s motion for summary judgment with respect to appellant’s claims for breach of contract and negligence. Trial court did not err when it overruled appellant’s motion to strike the affidavit of appellee’s representative who provided a statement regarding the contents of the appellee’s financial aid file. Judgment affirmed.

• Ohio Supreme Court

• McGrath v. Bassett, (Ohio 2011)

Default judgment not proper if an answer in good form and substance is part of record; incarcerated party to a civil action does not have absolute right to be present at court proceedings; trial court has discretion to deny request to have admissions deemed admitted; motion for judgment on the pleadings restricted to review of pleadings.

• Ohio Supreme Court

• Riffle v. Physicians & Surgeons Ambulance Serv., (Ohio 2011)

IMMUNITY: If a plaintiff alleges willful and wanton misconduct by a political subdivision’s paramedics while they are providing emergency medical services, Section 4765.49(B) applies instead of Section 2744.02(A)(1). Accordingly, the trial court correctly denied the City’s motion for judgment on the pleadings based on claimed sovereign immunity.

• Ohio Supreme Court

• Gowdy v. Cuyahoga Cty. Dept. of Children & Family Servs., (Ohio 2011)

THE TRIAL COURT DID NOT ERR IN GRANTING APPELLEE’S MOTION FOR JUDGMENT ON THE PLEADINGS WHERE THE COURT LACKED SUBJECT MATTER JURISDICTION TO REVIEW THE INVESTIGATORY FINDINGS OF THE CUYAHOGA COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES.

• Ohio Supreme Court