Loyer v. Signature Healthcare of Galion

3 Citing cases

  1. Shorter v. Trilogy Healthcare of Allen II, LLC

    3:22-cv-357 (N.D. Ohio Sep. 8, 2022)   Cited 1 times

    Other Ohio courts of appeal have rejected this burden shifting. See, e.g., Loyer v. Signature Healthcare of Galion, 66 N.E.3d 779, 784 (Ohio Ct. App. 2016) (holding “defendants failed to meet their burden of proving that . . . [decedent's personal representative] had actual authority to bind . . . [decedent] to the terms of the arbitration agreement”); Scott v. Kindred Transitional Care & Rehab., 2016-Ohio-495, 2016 WL 561756, at *2 (Ohio Ct. App. Feb. 11, 2016) (holding defendant failed to establish decedent's daughter had actual authority to enter an arbitration agreement on decedent's behalf); Brown v. Extendicare, Inc., 39 N.E.3d 896, 912 (Ohio Ct. App. 2015) (holding, “contrary to Vogt, it was Extendicare's burden to establish” an alleged agent had authority to act on the principal's behalf).

  2. Hannibal Dev. v. Lackawanna Transp. Co.

    2:18-cv-1265 (S.D. Ohio Aug. 4, 2021)

    And the conduct of the purported agent alone cannot create apparent authority to bind a purported principal. Id.; Loyer v. Signature Healthcare of Galion, 66 N.E.3d 779, 784 (Ohio Ct. App. 2016). Because Hannibal did not rely on any acts or conduct of Lackawanna in forming the belief that Pritt had authority to bind Lackawanna, Pritt did not have apparent authority to bind Lackawanna to the oral agreement between Pritt and Hannibal.

  3. HSBC Mortg. Servs., Inc. v. Watson

    2017 Ohio 680 (Ohio Ct. App. 2017)

    State ex rel. DiFranco v. S. Euclid, 144 Ohio St.3d 571, 2015-Ohio-4915, 45 N.E.3d 987, ¶ 13, citing State ex rel. Bell v. Madison Cty. Bd. of Commrs., 139 Ohio St.3d 106, 2014-Ohio-1564, 9 N.E.3d 1016, ¶ 10. "An abuse of discretion suggests the trial court's decision is unreasonable, arbitrary, or unconscionable." Loyer v. Signature Healthcare of Galion, 2016-Ohio-7736, 66 N.E. 3d 779, ¶ 7 (3d Dist.). {¶14} In this case, the trial court, after the hearing on Watson's motion for sanctions, declined to reconsider its previous order that granted HSBC's motion to substitute plaintiff.