Ohio Justices Split on Tweaking Early Case Dismissal Standard

Nov. 19, 2025, 5:20 PM UTC

The Ohio Supreme Court appeared split Wednesday on whether to make it harder for certain parties to bring lawsuits in state court.

The Buckeye State requires judges to use a less stringent standard than the federal system when ruling against a dismissal motion and allowing discovery. Changing it would result in better-quality lawsuits, said Chad R. Zipfel, who represents fracking waste businesses from a lawsuit filed by the owner of a property where oil and gas drilling occurs alleging their wastewater damaged wells.

That position—supported by Ohio Attorney General Dave Yost (R)—was met with skepticism. Justice Patrick F. Fischer (R) ...

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