PIVONKA v. SEARS

No. 106749.

125 N.E.3d 343 (2018)

2018-Ohio-4866

Michael A. PIVONKA, et al., Plaintiffs-Appellees v. Barbara SEARS, Director of Ohio Department of Medicaid, et al., Defendants-Appellants.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: December 6, 2018.


Attorney(s) appearing for the Case

Michael DeWine , Ohio Attorney General, BY: Henry G. Appel , Principal Assistant Attorney General, 30 East Broad Street, 26th Floor, Columbus, Ohio 43215, ATTORNEYS FOR APPELLANTS.

David H. Krause , Reminger Co., L.P.A., 200 Civic Center Drive, Suite 800, Columbus, Ohio 43215, James A. Deroche , Garson Johnson, L.L.C., 1600 Midland Building, 101 West Prospect Avenue, Cleveland, Ohio 44115, Christian R. Patno , McCarthy Lebit Crystal & Liffman Co., 101 Prospect Avenue, West, 1800 Midland Building, Cleveland, Ohio 44115, Patrick J. Perotti , Dworken & Bernstein Co., L.P.A., 60 South Park Place, Painesville, Ohio 44077, ATTORNEYS FOR APPELLEES.

BEFORE: Boyle, P.J., Blackmon, J., and Jones, J.


JOURNAL ENTRY AND OPINION

{¶ 1} Defendant-appellant, Barbara Sears, the director of Ohio's Department of Medicaid ("the Department"), appeals the trial court's order granting the plaintiffs' motion to certify a class. The Department raises five assignments of error for review:

1. R.C. 5160...

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