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Filed nearly identical suit in common pleas.

Are you kidding? Lol

Finally figured out he had venue wrong and he might have known he was going to lose on UC’s pending motion to dismiss. Don’t think I saw a decision on that yet but I wasn’t keeping an eye out.

Guys, can you help us non-lawyer types out here? Are you saying his original suit had an error that risked being thrown out of court? The second suit gives him a fall-back?

(10-04-2021 10:12 PM)UCGrad1992 Wrote:  Guys, can you help us non-lawyer types out here? Are you saying his original suit had an error that risked being thrown out of court? The second suit gives him a fall-back?

He's leaving federal court for the state court system. He had to dismiss his federal suit to do so. Federal Court requires specific jurisdiction requirements that were always dubious. He's now filing in the court that clearly would have jurisdiction (even if his claims are weak).

The federal filing was a waste of time and money. We'll see what happens with the local filing

As I posted earlier in the thread the proper venue is the Ohio Court of Claims. This is the venue where you sue state entities for money, such as the O’Brien v Ohio State University case

https://ohiocourtofclaims.gov/

(10-05-2021 05:35 AM)bearcatmark Wrote:  

(10-04-2021 10:12 PM)UCGrad1992 Wrote:  Guys, can you help us non-lawyer types out here? Are you saying his original suit had an error that risked being thrown out of court? The second suit gives him a fall-back?

He's leaving federal court for the state court system. He had to dismiss his federal suit to do so. Federal Court requires specific jurisdiction requirements that were always dubious. He's now filing in the court that clearly would have jurisdiction (even if his claims are weak).

The federal filing was a waste of time and money. We'll see what happens with the local filing

1st month 1Ls could have told him federal court was the wrong answer.

There needs to be a yakkity sax track in the background.

(10-05-2021 07:56 AM)rath v2.0 Wrote:  

(10-05-2021 05:35 AM)bearcatmark Wrote:  

(10-04-2021 10:12 PM)UCGrad1992 Wrote:  Guys, can you help us non-lawyer types out here? Are you saying his original suit had an error that risked being thrown out of court? The second suit gives him a fall-back?

He's leaving federal court for the state court system. He had to dismiss his federal suit to do so. Federal Court requires specific jurisdiction requirements that were always dubious. He's now filing in the court that clearly would have jurisdiction (even if his claims are weak).

The federal filing was a waste of time and money. We'll see what happens with the local filing

1st month 1Ls could have told him federal court was the wrong answer.

There needs to be a yakkity sax track in the background.

It was always so weird that he went the federal route. I had thought maybe it was a recoverable damages decision, but honestly could it just be a litigious dickhead trying to be a pain in the ass? He's apparently trimmed down the complaint significantly for the Ohio Court of Claims. Makes me think the initial federal suit was a PR stunt to get the media to talk about the claims that were in it.

He knows what I said in April. Hamilton County Common Pleas is likely a losing road game for him.

UC gets this case into Common Pleas, any litigator worth his or her salt hits voir dire and gets the jury heavy in minorities and women...after testimony of the players and support staff they’d wear his guts for garters.

(10-05-2021 08:06 AM)bearcatmark Wrote:  

(10-05-2021 07:56 AM)rath v2.0 Wrote:  

(10-05-2021 05:35 AM)bearcatmark Wrote:  

(10-04-2021 10:12 PM)UCGrad1992 Wrote:  Guys, can you help us non-lawyer types out here? Are you saying his original suit had an error that risked being thrown out of court? The second suit gives him a fall-back?

He's leaving federal court for the state court system. He had to dismiss his federal suit to do so. Federal Court requires specific jurisdiction requirements that were always dubious. He's now filing in the court that clearly would have jurisdiction (even if his claims are weak).

The federal filing was a waste of time and money. We'll see what happens with the local filing

1st month 1Ls could have told him federal court was the wrong answer.

There needs to be a yakkity sax track in the background.

It was always so weird that he went the federal route. I had thought maybe it was a recoverable damages decision, but honestly could it just be a litigious dickhead trying to be a pain in the ass? He's apparently trimmed down the complaint significantly for the Ohio Court of Claims. Makes me think the initial federal suit was a PR stunt to get the media to talk about the claims that were in it.

In my world of Medical Professional Liability, we see cases filed in Federal or Common Pleas Court initially instead of the Court of Claims quite often. There are advantages and disadvantages to being in the Court of Claims. State actors have some immunity defenses that are available in the Court of Claims. You waive your right to a jury trial in the Court of Claims and the matter is heard by a judge. Any award of damages in the Court of Claims will be reduced by other collateral recovery received by the plaintiff. In the Court of Claims you cannot receive punitive damages or attorneys fees. Any settlement made in a case venued in the Court of Claims has to have approval of both the Court and the Ohio Attorney General.

(10-05-2021 08:06 AM)bearcatmark Wrote:  It was always so weird that he went the federal route. I had thought maybe it was a recoverable damages decision, but honestly could it just be a litigious dickhead trying to be a pain in the ass? He's apparently trimmed down the complaint significantly for the Ohio Court of Claims. Makes me think the initial federal suit was a PR stunt to get the media to talk about the claims that were in it.

Is it normal for a high profile client/lawyer to be so openly dickish on the internet? I'm sure in the criminal defense world you'd have an aneurysm watching half the crap Mars has pulled.

No. He’s a special breed.

His bedside manner gives late night TV slip and fall ambulance chasers a bad name, IMO.

I'd drop some cash to put Rath in a room with Brannen for 5 minutes and have him go off. Maybe we can take up a collection and pay him off that way.

I’d give my time pro bono just to do that knucklehead’s deposition. It would be a 2 day root canal.

A awsuit has been filed in the Ohio Court of Claims, which I stated previously was the proper venue.


https://www.sportingnews.com/us/ncaa-bas...gnj8qn4w8r