Res judicata, literally meaning "a matter [already] judged," is a prudential doctrine that is meant to ensure the finality of judgments and conserve judicial resources by protecting litigants from multiple litigation involving the same claims or issues. When one court has already resolved the merits of a case, another court will not revisit them.
Recently, Reminger attorneys Russell J. Meraglio, Jr. Franklin C. Malemud, and Timothy J. Gallagher represented an attorney who was appointed by the Cuyahoga County Probate Court to serve as successor trustee over a trust. The removed ... Read More ›
On September 29, 2020, the Ohio Tenth District Court of Appeals affirmed a trust-arbitration award in Hughes v. Hughes, 2020-Ohio-4653.
This is one of the first, if not the first, trust arbitration cases to make its way through Ohio Courts. The Ohio legislature recognized arbitration as an option for trust dispute resolution with the March 2019 enactment of Ohio Revised Code Section 5802.05. Here, the parties commenced arbitration in July 2018, and the arbitration hearing took place in October 2018. The Arbitrator issued his decision that same month, and the award was carried out by ... Read More ›
Timothy Gallagher and Paul Shugar authored "An Introduction to Trust Arbitration" in the January/February 2020 Issue of the Probate Law Journal of Ohio.Read More ›
Adam M. Fried, Co-Chair of Reminger's Estates, Trusts, and Probate Litigation Practice Group, has been recognized by Ohio Super Lawyers Magazine in more ways than one this year. Not only has Adam been listed once again as a Super Lawyer in their 2020 issue, Adam has also attained special recognition as "Top 50 Cleveland" and "Top 100 Ohio." He also was profiled by the magazine in the article entitled "Don't Bother Looking for Hiccups in Adam Fried's Trial Prep."Read More ›
One advantage of using a trust for estate planning is privacy. The probate process is generally all a matter of public record for any inquiring mind. Trusts, though intended to be more private, can become public when disputes arise that pull the administration into court. But a new Ohio law is changing that.Read More ›
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