Walton v. Residential Fin. Corp., 151 Ohio Misc.2d 28, 2009-Ohio-1872

DEWINE, Judge.

This matter comes before the court on the motion to dismiss of defendant Residential Financial Corporation (“RFC”). The primary issue before the court is the appropriate statute of limitations for a violation of the Ohio Mortgage Brokers Act(“OMBA”). RFC argues that a four-year statute of limitations should be applied, while plaintiff Dorothy Walton argues for application of a six-year limitations period.

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Hackett v. Moore, 160 Ohio Misc.2d 107, 2010-Ohio-6298


This matter comes before the court on defendant Gregory A. Moore’s motion to dismiss pursuant to Civ.R. 12(B)(6). The primary issue in this case is the enforceability of a provision in an employment agreement under which an attorney agrees that upon leaving employment, he will pay his former employer 95 percent of attorney fees earned in a contingentfee settlement. For the reasons discussed herein, the court finds the agreement unenforceable because it violates the Ohio public policy of allowing a client to obtain counsel of his choice.

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