Schwering v. TRW Vehicle Safety Sys., Inc.

Ohio Supreme Court

Schwering v. TRW Vehicle Safety Sys., Inc.

947 N.E.2d 682, 128 Ohio St. 3d 1498

Ohio Supreme Court·Decided May 25, 2011·No. 2011-0438·Published

Opinion

Certified Question of State Law, United States District Court, Southern District of Ohio, Western Division, ease No. 1-.10-CV-679. On review of preliminary memoranda pursuant to S.Ct.Prac.R. 18.6. The court will answer the following question:

“Where a jury has been empaneled and sworn and the trial has commenced for purposes of Ohio Civ.R. 41(A)(1)(a), and the trial court subsequently declares a mistrial, does Civ.R. 41(A)(1)(a) permit the plaintiff to unilaterally voluntarily dismiss his or her claims without prejudice?”

O’Donnell, J., dissents.

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Certified Question of State Law, United States District Court, Southern District of Ohio, Western Division, ease No. 1-.10-CV-679. On review of preliminary memoranda pursuant to S.Ct.Prac.R. 18.6. The court will answer the following question:

“Where a jury has been empaneled and sworn and the trial has commenced for purposes of Ohio Civ.R. 41(A)(1)(a), and the trial court subsequently declares a mistrial, does Civ.R. 41(A)(1)(a) permit the plaintiff to unilaterally voluntarily dismiss his or her claims without prejudice?”

O’Donnell, J., dissents.

Schwering v. TRW Vehicle Safety Sys., Inc., 947 N.E.2d 682, 128 Ohio St. 3d 1498 (Ohio 2011).

Pincite

947 N.E.2d 682 (Schwering v. TRW Vehicle Safety Sys., Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.