Featured Decision: One-Year Deadline to Refile Lawsuit Falls on Anniversary Date of Dismissal
The Supreme Court of Ohio decision holding that under the Ohio saving statute, the deadline to refile a dismissed lawsuit falls on the one-year anniversary date of the dismissal, not the following day is the latest “Featured Decision” video.
In a 5-2 decision, the Supreme Court reversed the Tenth District Court of Appeals, finding it incorrectly allowed a plaintiff to extend the one-year refiling period by beginning the count on the day following the voluntary dismissal of his case. The Tenth District’s decision to allow Thomas Sauter to begin the count on the day after he dismissed his January 2022 lawsuit was based on the 2016 Supreme Court decision in Cox v. Dayton Public Schools Board of Education. The Court explained how Sauter’s case differed from the prior Court ruling.