Be Careful About the Ohio Saving Statute — It Does Not Save All

The Ohio Supreme Court recently decided a murky issue regarding the Ohio saving statute, R.C. 2305.19 in Portee v. Cleveland Clinic Foundation, 155 Ohio St.3d 1, 2018-Ohio-3263.  Click for full case.  R.C. 2305.19(A) states: “In any action that is commenced or attempted to be commenced, if in due time a judgment for the plaintiff is reversed or if the plaintiff fails otherwise than upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the plaintiff’s representative may commence a new action within one year after the date of the reversal of the judgment or the plaintiff’s failure otherwise than upon the merits or within the period of the original applicable statute of limitations, whichever occurs later.” In Portee, the plaintiff filed a medical malpractice suit against the Cleveland Clinic Foundation and two physicians in federal court in Indiana, but that court dismissed the plaintiff’s case for lack…

Read more detail on Recent Advertising Law posts –

This entry was posted in Advertising Law and tagged , , , , , . Bookmark the permalink.

Leave a Reply