Mohan J. Durve, M.D., Inc. v. Oker

5 Citing cases

  1. Mid-Continent Ins. Co. v. Coder

    563 F. App'x 422 (6th Cir. 2014)   Cited 8 times   2 Legal Analyses
    Applying Ohio law in action brought by insurer seeking declaration that it had no duty to defend or indemnify its insured tavern in an underlying action, and noting, "[t]he district court was wrong to assert that, because the complaint's invocation of the Dram Shop Act and its alleged claim of common-law negligence are mutually exclusive, they cannot both be read in the complaint. It is well settled in Ohio law that litigants are permitted alternative or hypothetical pleading."

    In short, Ohio is a notice-pleading state in which "no technical forms of pleading are required" and "a party is not required to plead the legal theory of recovery." Mohan J. Durve, M.D., Inc. v. Oker, 679 N.E.2d 19, 25 (Ohio Ct. App. 1996).

  2. Biddle v. Warren Gen. Hosp

    86 Ohio St. 3d 395 (Ohio 1999)   Cited 96 times   2 Legal Analyses
    Holding that, “in Ohio, an independent tort exists for the unauthorized, unprivileged disclosure to a third party of non-public medical information that a physician or hospital has learned within a physician-patient relationship”

    In addition, the "alter ego" doctrine may align the identity of principal and agent with regard to their dealings with others, but it does not transform the agent into an acceptable legal repository for the unauthorized disclosure of confidential information that the principal learned within another confidential relationship. In fact, in Mohan J. Durve, M.D., Inc. v. Oker (1996), 112 Ohio App.3d 432, 446-447, 679 N.E.2d 19, 28, a patient's ex-physician successfully argued that even the patient's lawyer has no right to access his client's medical records unless the client-patient executes a waiver or release or files an action that places her physical condition at issue. In holding that the trial court properly granted the physician's motion for a protective order, the court rejected appellants' argument that the patient's attorney, as her representative, is entitled to her records.

  3. Charity v. Paluscsak

    2024 Ohio 3023 (Ohio Ct. App. 2024)

    At no point in time does it appear that Paluscsak ever asked for the case to be transferred to Garfield Heights Municipal Court as the only proper venue. See, e.g., Mohan J. Durve, M.D., Inc. v. Oker, 112 Ohio App.3d 432, 437 (8th Dist.1996). Instead, he actively sought for the Cleveland Municipal Court to retain jurisdiction to resolve his claims.

  4. Binger v. Binger

    Nos. 493, 509 (Ohio Ct. App. Aug. 27, 2001)

    When answering a complaint, a pleading must contain a short and plain statement of the party's defenses, no technical forms of pleading are required, and a court must construe pleadings so as to do substantial justice. Civ.R. 8; Mohan J. Durve, M.D., Inc. v. Oker (1996), 112 Ohio App.3d 432. Although not artfully drafted, Elsie's letter is an acceptable answer to Walter's complaint, as it sets forth her position in the case by stating the basis upon which she is going to defend the suit.

  5. Van-American Ins. Co. v. Schiappa

    132 Ohio App. 3d 325 (Ohio Ct. App. 1999)   Cited 15 times
    Finding that "where a trial court's order is based on a misconstruction of law, it is not appropriate for a reviewing court to use an abuse of discretion standard" but, rather, a de novo standard of review is proper

    Civ.R. 26 provides that parties may obtain discovery on any unprivileged matter that is relevant to the subject matter involved in the pending action. See Mohan J. Durve, M.D., Inc. v. Oker (1996), 112 Ohio App.3d 432, 446. Trial courts have discretionary power when making decisions regarding the relevance of information sought during discovery.