motion for summary judgment on the pleadings

• 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

• Sabitov v. Graines, (Ohio 2008)

motion for summary judgment; judgment on the pleadings; commercial lease; landlord out of possession; open and obvious; negligence per se; fraudulent conveyance; discovery.

• Ohio Supreme Court

• The Devil in the Details

A recent Supreme Court decision on pleading may close the courthouse to people who previously were able to sue, We believe that the policy questions should have been addressed in the more transparent and democratic process of rulemaking, where they would have been subject to public comment and to congressional review. Convinced that pleading should play a more limited role in litigation, the drafters hoped that liberal discovery methods (e.g., interrogatories, depositions, and document requests) would (1) unearth the facts prior to trial, making trials more efficient, and (2) in conjunction with a liberal rule on amendments to pleadings and with pre-trial procedure, including the motion for summary judgment, enable a more informed and finely tuned elimination (or narrowing) of the issu...

• Judicature
• Vol. 91 Nbr. 2, September 2007

• Accelerated Sys. Integration, Inc. v. Hausser & Taylor, L.L.P., (Ohio 2007)

Motion to dismiss; motion for judgment on the pleadings; motion for summary judgment; breach of fiduciary duty; professional malpractice; Ohio Civ.R. 12(B); Ohio Civ.R. 12(C); R.C. 2305.09(D); time barred; statute of limitations; “discovery rule”; “delayed damage theory”.

• Ohio Supreme Court

• 49 CFR 821.17 - Motions to dismiss, for judgment on the pleadings and for summary judgment.

• Code of Federal Regulations - Title 49: Transportation

• Stratford Commons v. Raaber, (Ohio 2011)

Trial court’s judgment granting defendants’ motion to dismiss on res judicata grounds reversed. Res judicata is not a defense that can be raised by a motion to dismiss pursuant to Civ.R. 12(B) because that defense must be proved with evidence outside the pleadings. The lower court can convert defendant’s motion to dismiss into a motion for summary judgment when it based its decision on matters outside the pleadings–the attachments to the motion to dismiss. In such a case, Civ.R. 12(B) requires that the court consider only such matters outside the pleadings as are specifically enumerated in Civ.R. 56.

• Ohio Supreme Court

• Ohio Bell Tel. Co. v. C-5 Constr., Inc., (Ohio 2010)

Trial court erred in entering judgment against defendant in the absence of any motion for summary judgment. Assuming that the trial court entered judgment on the pleadings under Civ.R. 12(C) rather than summary judgment under Civ.R. 56, the plaintiff was not entitled to judgment as a matter of law. The trial court abused its discretion in deeming plaintiff’s request for admissions to be admitted when defendant was not properly served with discovery requests and no date was set for when the answers to the request for admissions would be due. Judgment reversed and case remanded for further proceedings.

• Ohio Supreme Court

• The Use of Dispositive Motions in Arbitration

This article addresses the role of dispositive motions have in arbitration. For purposes of this article, dispositive motions are motions that would be considered dispositive by a court, such as a motion for summary judgment, a motion to dismiss for failure to state a claim, a motion for judgment on the pleadings, and a motion to strike particular claims or defenses. In arbitration, these motions are considered under the general rubric of "summary dispositions" or "partial summary dispositions." The 10th Circuit has said that a fundamentally fair arbitration hearing requires only notice, opportunity to be heard and to present relevant and material evidence and argument before the decision makers. Dispositive motions have the potential to play an important role in resolving disputes in a...

• Dispute Resolution Journal
• Vol. 62 Nbr. 3, August 2007

• State ex rel. Cook v. Seneca Cty. Bd. of Commrs., (Ohio 2008)

On appeal, Appellants asserts that the trial court erred by overruling their motion for declaratory judgment, judgment on the pleadings, and/or summary judgment and by granting the Board’s motion to dismiss the unauthorized conduct and breach of fiduciary duty claims. Based on the following, we affirm the judgment of the trial court.

• Ohio Supreme Court

• International Paper Co. v. Ouellette, 479 U.S. 481 (1987)

...Petitioner moved for summary judgment and judgment on the pleadings on the grou... suit, but the District Court denied the motion, holding that the Act's saving clause preserves ac...

• U.S. Supreme Court