Ohio Supreme Court in Columbus. (Courtesy photo) A Game to 'Get Out of Trial:' Med-Mal Plaintiff Seeks Rule Change After Defendants Wait Out Statute of Limitations Before Pressing Defective Service Arguments
"Why did you extend all this legal work to the financial detriment of your client?" Ohio Justice Melody J. Stewart asked.
April 10, 2024 at 11:23 AM
5 minute read
Civil Procedure
When the initial service of a complaint fails, does the defendant waive its defective service arguments if it actively participates in years of litigation before seeking summary judgment over the procedural defect? And if so, at what point is the argument deemed to have been waived?
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