Ohio Court of Appeals Applies Doctrine of Adverse Domination

Ohio Court of Appeals Applies Doctrine of Adverse Domination

      In a recent decision from Ohio, the Court of Appeals reversed the grant of summary judgment made by the trial court in connection with claims that the directors of a failed corporation breached their fiduciary obligations. The trial court had dismissed those claims on the basis of Ohio’s four-year statute of limitations. It had not, however, consider whether the doctrine of adverse domination effected the tolling of that statue limitations. On that basis, reversal was granted, and the trial court was directed to consider whether adverse domination applies. Cohen v. Dulay, No. 28071, 2017-Ohio-6973, 2017 WL 3175781 (July 26, 2017).