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SCHWERING v. TRW VEHICLE SAFETY

No. 2011-0438.

132 Ohio St.3d 129 (2012)

2012-Ohio-1481

SCHWERING ET AL. v. TRW VEHICLE SAFETY SYSTEMS, INC., ET AL.

Supreme Court of Ohio.

Decided April 4, 2012.

Attorney(s) appearing for the Case

Barron, Peck, Bennie & Schlemmer, Arthur H. Schlemmer , Michael S. Barron , and Charles L. Hinegardner ; and Denney & Barrett, P.C., Richard L. Denney , and Lydia JoAnn Barrett ; and Eynon Law Group, P.C., Richard S. Eynon , and David M. Brinley , for respondents.

Thompson Hine, L.L.P., Gary M. Glass , and Elizabeth B. Wright ; and Frost Brown Todd, L.L.C., and Kevin C. Schiferl , for petitioner Ford Motor Company.

Squire, Sanders & Dempsey, L.L.P., Damond R. Mace , and Aaron T. Brogdon , for petitioner TRW Vehicle Safety Systems, Inc.

LANZINGER, J.

{¶ 1} In this case, we decide whether a plaintiff is permitted to unilaterally dismiss a lawsuit without prejudice pursuant to Civ.R. 41(A)(1)(a) after a declaration of mistrial.

{¶ 2} Pursuant to S.Ct.Prac.R. XVIII, we have accepted an issue certified by the United States District Court for the Southern District of Ohio, Western Division: "Where a jury has been empaneled and sworn and the trial...

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