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O'NESTI v. DeBARTOLO REALTY CORP.

No. 2005-2093.

113 Ohio St.3d 59 (2007)

2007-Ohio-1102

O'NESTI ET AL., APPELLEES, v. DeBARTOLO REALTY CORPORATION ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 28, 2007.

Attorney(s) appearing for the Case

Timothy A. Shimko & Associates Co., L.P.A., Timothy A. Shimko, and David A. Welling, for appellees.

Squire, Sanders & Dempsey, L.L.P., Thomas S. Kilbane, Robin G. Weaver, and Steven A. Delchin, for appellants.

O'CONNOR, J.

{¶ 1} This appeal requires this court to establish the parameters that apply when a plaintiff who was not a party to an earlier suit seeks to use the result of that suit to prevail against a defendant who was also the defendant in the former suit. Specifically, we are called upon to determine whether Ohio recognizes offensive claim preclusion or embraces the wait-and-see analysis...

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