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Paulette Kolosai, administrator of the Estate of Nicholas Giancola v. Haitham M. Azem, M.D. et al., Case No. 2016-1584
Eighth District Court of Appeals (Cuyahoga County)
ISSUE: When a trial court orders arbitration and an appellate court reverses and remands for further proceedings, does the trial court violate the "law of the case" when it considers a renewed motion to compel arbitration with additional evidence?
BACKGROUND:
Nicholas Giancola resided at Walton Manor Health Center, a Cuyahoga County nursing home, and died on Dec. 31, 2011. His sister Paulette Kolosai, as administrator of the estate, sued Dr. Haitham M. Azem, the nursing home, and three Saber Healthcare entities, alleging wrongful death.
Eighth District Court of Appeals (Cuyahoga County)
ISSUE: When a trial court orders arbitration and an appellate court reverses and remands for further proceedings, does the trial court violate the "law of the case" when it considers a renewed motion to compel arbitration with additional evidence?
BACKGROUND:
Nicholas Giancola resided at Walton Manor Health Center, a Cuyahoga County nursing home, and died on Dec. 31, 2011. His sister Paulette Kolosai, as administrator of the estate, sued Dr. Haitham M. Azem, the nursing home, and three Saber Healthcare entities, alleging wrongful death.
January 23, 2018