Opinion

Dunkelman v. Cincinnati Bengals

  • 170 Ohio App. 3d 224
  • 2006 Ohio 6825
  • 866 N.E.2d 576
Court
Ohio Court of Appeals
Filed
Dec 22, 2006
Status
Published
Author
Painter
On the bench
Sundermann, Painter, Gorman
Cited by
4 cases

reversing the trial court’s order 12 OHIO FIRST DISTRICT COURT OF APPEALS certifying the class because “the trial court’s entry * * * is devoid of any rationale, yet alone any rigorous analysis, relating to any of the prerequisites for class certification. Given the inadequacy of the record before us, we cannot properly review the trial court’s entry granting class certification with respect to the plaintiffs’ remaining claims under an abuse-of-discretion standard.”

How later courts described this case

  • reversing the trial court’s order 12 OHIO FIRST DISTRICT COURT OF APPEALS certifying the class because “the trial court’s entry * * * is devoid of any rationale, yet alone any rigorous analysis, relating to any of the prerequisites for class certification. Given the inadequacy of the record before us, we cannot properly review the trial court’s entry granting class certification with respect to the plaintiffs’ remaining claims under an abuse-of-discretion standard.”

Written by the judges who cited it.

The opinion

Painter, Judge,

concurring.

{¶ 23} I concur. But I do agree with the dissent insofar as the class certification was too broad. It should be limited to those people who bought the seat licenses and then did not wish to continue buying tickets. The people happy with the present arrangement should not be part of the class.

{¶ 24} The balance of the dissent rehashes what we have previously decided— the seat license was the contract. While the Bengals may have intended otherwise, they were bound by the language they wrote. The rules cannot be changed once the game is over.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.