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MICHELLE L. SNYDER,
Plaintiff-Appellant,
v.
FINLEY & CO., L.P.A.,
Defendant-Appellee. |
No. 21-3997 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:20-cv-02144—Donald C. Nugent, District Judge.
Argued: April 27, 2022
Decided and Filed: June 15, 2022
Before: CLAY, GRIFFIN, and WHITE, Circuit Judges.
_________________________
OPINION
_________________________
Ohio’s Necessaries Statute permits creditors to collect certain debts from one spouse
incurred by the other. Ohio Rev. Code § 3103.03. Seeking to recover outstanding legal bills
owed by plaintiff Michelle L. Snyder’s husband, defendant Finley & Co., LPA filed a debt-collection lawsuit against plaintiff and her husband, asserting joint liability under the Necessaries
Statute. In this litigation, she contends that defendant’s lawsuit was “objectively baseless” and
thus violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692e. Van Hoven v. Buckles
& Buckles, P.L.C., 947 F.3d 889, 896 (6th Cir. 2020). We agree. As the Ohio Supreme Court
has clearly held, the Necessaries Statute “does not impose joint liability on a married person for
the debts of his or her spouse.” Embassy Healthcare v. Bell, 122 N.E.3d 117, 121 (Ohio 2018).
Rather, “[a] creditor must . . . first seek satisfaction of its claim from the assets of the spouse who
incurred the debt” and must show that the debtor-spouse is “unable to pay” for a nondebtor-spouse to be liable under the Necessaries Statute. Id. at 122. We therefore reverse and remand
with instructions to enter judgment in plaintiff’s favor and for further proceedings consistent
with this opinion. |
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NPF FRANCHISING, LLC,
Plaintiff,
J. PATRICK ALLEN; KATHRYN B. FOX; RICK A.
WALTMAN; TRACY A. WARREN; BUCHALTER, a
professional corporation,
Interested Parties-Appellants,
v.
SY DAWGS, LLC; KTC INTERESTS, LLC; SCRAP
YARD FAST PITCH, LLC; CONNIE A. MAY; JOEL A.
BARTSCH,
Defendants-Appellees. |
No. 21-3516 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:18-cv-00277—Donald C. Nugent, District Judge.
Argued: March 9, 2022
Decided and Filed: June 15, 2022
Before: McKEAGUE, BUSH, and READLER, Circuit Judges.
_________________________
OPINION
_________________________
JOHN K. BUSH, Circuit Judge. In this appeal, which involves the National Pro Fastpitch
League, we are asked to review a “foul ball” call in discovery. The district court imposed
sanctions under Federal Rule of Civil Procedure 37 against counsel for the league’s franchisor,
NPF Franchising, LLC (NPF), for failure to produce documents and its engagement in other
discovery abuses. We affirm the award of sanctions against the individual attorneys who
represented NPF, but we vacate the award against their law firm. Rule 37 does not allow for
law-firm sanctions where, as here, the firm was not a party to the lawsuit. We remand for further
proceedings consistent with this opinion. |
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