“The most important factor when considering a strategy with which to approach any mediation is to create a level of risk your opponent can appreciate. Risk, which may take many forms, is the likelihood that a court or jury will rule in your favor and what the cost will be to the opponent. In a simple personal injury action, for example, it could be the risk of a high verdict. In a contract case, the risk may be the likelihood—expressed as a percentage—that the court or jury will rule in your favor.” (read article…)
In a case that was decided on June 30, 2009, the Sixth District Court of Appeals held that in the absence of fraud, a defectively executed mortgage is valid and enforceable by a mortgagee’s assignee. LaSalle Bank N.A. v. Zapata, 2009-Ohio-3200.
In a decision that expands the scope of Wells Fargo Bank, N.A. v. Byrd, the First District Court of Appeals decided that ratification, joinder, and substitution, under Civil Rule 17, are only appropriate when determination of the proper party to sue is difficult or when an understandable mistake has been made. Bank of N.Y. v. Gindele, 2010 Ohio 542.
Eight District Court of Appeals holds that, in a tax certificate foreclosure action, the burden is on the property owner to rebut the presumptive evidence of the tax certificates. Plymouth Park Tax Services, LLC v. Sayler, 2010-Ohio-675.
The Plain Dealer has reported that Cuyahoga County Sheriff Bob Reid will bar sheriff’s real estate appraisers from purchasing homes that have been sold at Sheriff’s Sale.