In the case Wigton v. Univ. of Cincinnati Physicians, Inc., 2021-Ohio-3576, the First District Court of Appeals held that both parties in this declaratory judgment action were entitled to the same standard of review.
Here, a doctor sought a ruling determining the validity of a non-compete contract provision in the doctor’s employment contract with an employer. Both parties filed motions requesting the court rule, but the court placed a greater burden of proof on the doctor than the hospital.
The Court of Appeals reasoned that the standard of review is the same for both parties in a declaratory judgment action and that it was improper for the court to weigh the evidence provided by the doctor in ruling on the motion. As such, the Court found that the trial court erred in granting summary judgment in favor of the employer.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.