Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Leasing Hotline

By ALM Staff | Law Journal Newsletters |
March 22, 2004

TRIAL COURT DISCRETION

Absent an abuse of discretion, an appellate court will not disturb a trial court's decision regarding damages and attorneys' fees; it is within the trial court's discretion to deny a motion for leave to file a counterclaim where the defendant was aware that the claim existed at the time of the commencement of the action and at the time its answer was filed. RCH Co. v. 3-J Machining Service, No. 82671, Ohio Ct. App., Jan. 8, 2004.

RCH leased premises to 3-J for 3-J to operate a machine shop. Thereafter, 3-J failed to make rent payments, and RCH commenced an eviction action. The eviction action was settled by 3-J agreeing to pay RCH $3000 in rent and to vacate the premises. 3-J complied with the settlement. Thereafter, RCH examined the premises and found damage caused by 3-J. RCH commenced an action to recover damages. After all pleadings were filed, 3-J filed a motion for leave to file a counterclaim prior to the trial, seeking damages for equipment left on the premises. After a hearing on 3-J's motion, the court denied leave to file a counterclaim and set the matter for trial. At the trial, RCH presented photographs, testimony and receipts regarding the damage and evidence of attorneys' fees. The court awarded RCH $603 in damages and $2025 in attorneys' fees.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.