Ohio Justices Parse Meaning of Winning in Relief-Free Judgments

A contractor told the Ohio Supreme Court on Wednesday that a party who obtains a relief-free judgment that nevertheless says their opponent violated a trade practices law isn’t a “prevailing party” for the purposes of attorney fees.

Attorney Gary F. Franke of Cincinnati, who represents H&E Enterprise LLC and its owner Avi Ohad, told the justices that state and federal case law is clear that a party must obtain damages or an injunction for an Ohio Deceptive Trade Practices Act claim to essentially be considered a case’s winner and be eligible for fees.

It appeared not all justices bought into ...