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What are my options for pursuing a lawsuit against a former business partner who breached our contract in Ohio?

As a lawyer, my advice for pursuing a lawsuit against a former business partner who breached our contract in Ohio is as follows:

  1. Review the contract: The first step is to review the contract that was breached to determine the specific terms that were violated, and to assess whether there is a strong legal case for a breach of contract claim. It is also important to check for any provisions in the contract regarding dispute resolution, such as mediation or arbitration clauses.
  2. Attempt to resolve the dispute outside of court: Before filing a lawsuit, it may be beneficial to attempt to resolve the dispute through negotiation or mediation. This can help to save time and money, and may result in a more favorable outcome than going to court.
  3. File a complaint with the court: If attempts at negotiation or mediation are not successful, the next step is to file a complaint with the appropriate court. The complaint should state the facts and legal basis for the claim, and should request damages or other relief.
  4. Serve the complaint on the defendant: The complaint must be properly served on the defendant according to Ohio law. The defendant will have a set period of time to respond to the complaint, typically around 28 days.
  5. Discovery: After the complaint and answer have been filed, both parties will engage in a process called discovery, during which they exchange evidence and information relevant to the case. This may involve written questions (interrogatories), requests for documents, and depositions.
  6. Pre-trial proceedings: Depending on the complexity of the case, the court may schedule pre-trial proceedings such as motions hearings and settlement conferences.
  7. Trial: If the case goes to trial, the plaintiff will have the burden of proving that the defendant breached the contract, and that the breach caused damages. The defendant will have the opportunity to present a defense.
  8. Appeal: If one party is dissatisfied with the outcome of the trial, they may have the option to appeal to a higher court.

It is important to note that there may be limitations or exceptions to pursuing a lawsuit for breach of contract in Ohio, such as statutes of limitations, contributory negligence, and comparative fault. It is also important to consider the potential costs and risks of pursuing a lawsuit, such as legal fees and the possibility of being counter-sued. For further action, it may be helpful to consult with a licensed attorney experienced in contract law in Ohio.