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Multiple Contracts for Single Purpose Cannot Be Conspiracy

In the case of Sun Bldg. Ltd. Partnership v Value Learning & Teaching Academy, Inc., 2021-Ohio-2008, the First District Court of Appeals upheld every allocation of damages assigned by the lower court except the liability assigned under Ohio’s racketeering statute, as the contracts at issue did not constitute a pattern of corrupt activity.

Here, a former Superintendent and their family members argued on appeal that the Attorney General did not have authority to bring this claim, the assignment of liability was improper, and the contractual basis for the assignment of liability was improper. The Court of Appeals overruled in part and upheld in part.

The Court found that the basis of the corruption charge stemmed from a single incident and did not constitute corruption, but otherwise upheld the lower court findings.

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.

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