Ninth District Court of Appeals Upholds Judgment Where Jury Finds No Damages

Ninth District Court of Appeals Upholds Judgment Where Jury Finds No Damages

Ohio’s Ninth District Court of Appeals recently affirmed a judgment from the Summit County Court of Common Pleas. (Skycasters, LLC, et al. v. Michael Kister, et al.) At trial, Plaintiff sought damages against the Defendant in excess of $2 million due to violation of a non-competition and confidentiality clause in the employment agreement. Defendant, represented by Mike Fortney of Fortney Law LLC, successfully argued that […]

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Mechanic’s Lien for Furnishing Materials is Valid, Even if Materials are not Used in Project

Mechanic’s Lien for Furnishing Materials is Valid, Even if Materials are not Used in Project

In a big development, especially for suppliers furnishing materials to construction projects in Ohio, the 12th District Court of Appeals late last year found that a mechanic’s lien for furnishing materials under R.C. 1312 is valid even if the supplied materials are not incorporated into the project. After the trial court determined that a supplier’s mechanic’s lien was invalid, due to the failure to use […]

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Issues Pertaining to Conditions Precedent to Arbitration Clauses in Ohio are Rightly Decided by Arbitrator, not Court.

Issues Pertaining to Conditions Precedent to Arbitration Clauses in Ohio are Rightly Decided by Arbitrator, not Court.

The 10th District Court of Appeals recently heard a case involving a dispute between a general contractor, subcontractor, and supplier. Michigan Timber & Truss, Inc. v. Summit Building Services, LLC, 2021-Ohio-3158. After the general contractor was brought into the case through an amended complaint, the general contractor moved to dismiss or stay the proceedings, in favor of arbitration, pursuant to R.C. 2711.02(C). The trial court, […]

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Ohio’s Prompt Payment Act Strengthened by Ninth District Court of Appeals

Ohio’s Prompt Payment Act Strengthened by Ninth District Court of Appeals

A recent case from Summit County further strengthened the attorney’s fees provision of Ohio’s Prompt Payment Act (R.C. 4113.61). The case involved a dispute surrounding the installation of helical piers for the foundation of a construction project for an Akron Metropolitan Housing Authority project. The dispute centered around what design was to be used, which determined how many and what safety factor was to be […]

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New Beginnings

New Beginnings

“Celebrate endings — for they precede new beginnings.” – Jonathan Lockwood Huie I am very excited to announce that I am starting my new law firm, Fortney Law, LLC where I will continue to provide the exceptional legal advocacy clients have come to expect. I will continue to serve clients in business and construction matters in Ohio and beyond. I appreciated my time at Wickens […]

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