by Christopher J. Graham and Joseph P. Kelly

Sacksteder v. Senney, C.A. No. 24993 (Court of Appeals of Ohio, Second District, Sept. 28, 2012)

Appeals court overturned dismissal of legal malpractice complaint. The court found that plaintiff alleged sufficient facts to withstand a motion to dismiss by applying a “plausibility” test to the allegations in the complaint to determine whether plaintiffs alleged a “plausible” legal malpractice claim. Plaintiffs didn’t need to prove their case at the pleadings stage.