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Supreme Court of Ohio

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Can Jury Award Damages for 'Malicious Litigation' Without Court Finding That Plaintiff's Suit Was Objectively Baseless?

May Liability be Imposed Based on Jury's Finding of 'Malicious Intent' for Suit

The American Chemical Society v. Leadscope, Inc., et al., Case no. 2010-1335

10th District Court of Appeals (Franklin County)

ISSUE: May a plaintiff who brings a civil suit against a defendant be found liable for damages for "malicious litigation" based on a jury's finding that the plaintiff's motive for filing suit was to harass or injure the defendant if there is not also a finding by the court that the plaintiff's complaint was objectively baseless?

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Ohio Government Judicial Branch Supreme Court of Ohio

Markers Transcript

00:00:14	David W. Debruin for the American Chemical Society
00:14:03	David M. Lieberman for the State of Ohio
00:20:43	Alan L. Briggs for Leadscope Inc.
00:39:36	Summation: David W. Debruin for the American Chemical Society

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Note : Transcripts are compiled from uncorrected captions