... FIELDS EXCAVATING, INC., Petitioner-Appellant, v. SECRETARY OF LABOR, Occupational Safety and Health Review Commission, Respondent-Appellee. No...Excavating, Inc. ("Fields") petitioned for review of a final order of the Occupational Safety and Health Review Commission (the "OSHRC") affirming two citations for willful violations of the excavation.... See Fields Excavating, Inc., 20 O.S.H. Cas. (BNA) 1203, 2003 WL 1701512 (2003), 2003 OSAHRC LEXIS 31. The issuance of a further detailed written opinion by...

... Fields Excavating, Inc., Plaintiff-Appellant, v. Western Water Company, et al., Defendants-Appellees. Case No. CA2004-04-047...-appellant, Fields Excavating, Inc., and defendant-appellee, Western Water Company, entered into a contract regarding the construction of a water line. Fields appeals a decision of the Warren County...Court of Common Pleas awarding Fields prejudgment interest, in its money damages action against Western Water, from October 2003, when property owners' claims against the parties were settled, rather...

... Fields Excavating, Inc., Plaintiff-Appellant, v. Welsh Electric Company, Defendant-Appellee. No. 04AP-150. Court of...-appellant, Fields Excavating, Inc. ("Fields"), appeals from a judgment of the Franklin County Court of Common Pleas granting the motion of defendant-appellee, Welsh Electric Company, Inc. ("Welsh"), for..., plaintiff filed a motion for default judgment against defendant. On June 30, 2003, the trial court granted the motion and entered judgment in favor of plaintiff Fields and against defendant Welsh for...

..., the drafters provided an important exception to the enforceability of no-oral-modification clauses." Fields Excavating, Inc. v. McWane, Inc., Clermont App. No. CA2008-12-114, 2009-Ohio-5925...clause is waived is a question of fact. Fields Excavating, Inc., 2009-Ohio-5925, at ¶ 21. In this case, the material facts are not disputed. A "fact-specific inquiry with no disputed facts does...granting summary judgment in favor of defendants-appellees Fairmount Minerals, Ltd., Best Sand Corporation, and Mineral Visions, Inc. (collectively "appellees"). For the following reasons, we affirm...

..., written stipulations or other evidence given under oath.'" Fields Excavating, Inc. v. Welsh Elec. Co., 10th Dist. No. 04AP-150, 2005-Ohio-708, ¶ 8, quoting Countrywide Home Loans v. Barclay...relief from judgment filed under Civ.R. 60(B) or in a brief attached to the motion are not sufficient evidence upon which to grant a motion to vacate judgment.'" Fields Excavating, Inc., at ¶ 8...GTE Automatic Electric, Inc. v. ARC Industries Inc., 47 Ohio St.2d 146 (1976) to show that Appellee/Defendant August actually produced evidence of the three...

..., 83 L.Ed. 126 (1938))); Fields Excavating, Inc. v. Sec'y of Labor, 383 F.3d 419, 420 (6th Cir. 2004...); Fred Wilson Drilling Co., Inc. v. Marshall, 624 F.2d 38, 40 (5th Cir. 1980); see also 29 U.S.C. § 660(a). "Substantial...

... Fields Excavating, Inc., Plaintiff-Appellant, v. Mcwane, Inc., Defendant-Appellee. No. CA2008-12-114. Court of Appeals.... {¶ 1} Plaintiff-appellant, Fields Excavating, Inc., appeals a decision of the Clermont Court of Common Pleas granting summary judgment in favor of defendant-appellee, McWane, Inc. We r...remand. {¶ 2} Fields Excavating specializes in public utility projects, primarily involving the installation of water, sewer and storm lines. Clow Water Supply, a subsidiary...

...standards such as affidavits, depositions, transcripts of evidence, written stipulations or other evidence given under oath.' " Fields Excavating, Inc. v. Welsh Elec. Co...to relief under one of the grounds stated in Civ.R. 60(B)(1) through (5), and (3) the motion is made within a reasonable time. GTE Automatic Elec., Inc. v. ARC Industries..., Inc., 47 Ohio St.2d 146 (1976), paragraph two of the syllabus. There will be no relief if the movant fails to satisfy any one of the prongs...

...Commission. Fields Excavating, Inc. v. Sec'y of Labor, 383 F.3d 419, 420 (6th Cir. 2004... Elaine L. CHAO, Secretary of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Manganas Painting Co., Inc., Respondents...in part a decision by an Administrative Law Judge, who affirmed the majority of citations issued to respondent Manganas Painting Co., Inc. by the Occupational Safety and Health Administration...

...interest in a contract case is "has the aggrieved party been fully compensated?" Id. at 116; Fields Excavating, Inc. v. Western Water Co., Warren App. No. CA2004-04-047, 2004-Ohio-7143. Therefore, we... Bunnell Electric, Inc., Plaintiff-Appellee, v. Ameriwash, et al., Defendants-Appellants. No. CA2004-01-009. Court of...Chevrolet, Inc. v. Adams (1988), 36 Ohio St.3d 17, 19; App.R. 9(B). Although the trial court has a duty to act on a statement of the evidence...

...full effect by courts. . . . Accordingly, it has been held that the clause itself can be waived by oral agreement like any other term in a contract. Fields Excavating, Inc. v... Steve M. BISHOP, Plaintiff, v. GOSIGER, INC., Defendant. Civil No. 09-12182. United States District Court, E.D...-count Complaint against Defendant Gosiger, Inc. ("Gosiger"), an Ohio corporation, for alleged underpayment and nonpayment of commissions. (Dkt. 1). Bishop began working as a distributor for Gosiger in...

...} In resolving the waiver and modification issues, the trial court relied on the Twelfth District's decision in Fields Excavating, Inc. v. McWane, Inc., 12th Dist. No. CA2008-12-114, 2009-Ohio...-5925, to conclude the parties could agree, through their conduct, to modify the lease even when the lease contains a no-oral-modification clause. Fields Excavating, however, notes an anti..., deals with the failure to exercise rights or remedies under the existing agreement, especially if one party to the agreement is not complying. Fields Excavating at ¶ 31; but see Allonas v...

...the debtor defaults. {¶ 111} Typically, Ohio courts enforce antiwaiver clauses according to their terms. Fields Excavating, Inc. v. McWane, Inc., 12th Dist. No...`under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory.'" Lugar v. Edmondson Oil Co., Inc. (1982...it qualifies as a "dealer in intangibles," appellants' CSPA claims against Ford must fail. See Reagans v. MountainHigh Coachworks, Inc., 117 Ohio St.3d 22, 2008-Ohio-271...

...all three requirements of the "GTE test" or the Civ.R. 60(B) motion will be denied. Fields Excavating, Inc. v. Welsh Elec. Co., 10th Dist. No. 04AP-150, 2005-Ohio-708...evidence, written stipulations or other evidence given under oath.' " Fields Excavating, Inc. at ¶ 8, quoting Countrywide Home Loans v. Barclay, 10th Dist. No. 04AP-171, 2004...Bosco v. Euclid, 38 Ohio App.2d 40 (8th Dist.1974); Town & Country Drive-In Shopping Ctrs., Inc. v...

...behind the clause as a defense. (Internal citations omitted.) Fields Excavating, Inc. v. McWane, Inc., 12th Dist. No. CA2008-12-114, 2009-Ohio-5925, ¶ 17, citing...-modification clause or a written waiver clause has been waived by a parties' actions is a question of fact. Fields Excavating, Inc. v. McWane, Inc., 12th Dist... 08-11-2016 3637 GREEN ROAD CO., LTD. PLAINTIFF-APPELLANT v. SPECIALIZED COMPONENT SALES CO., INC. DEFENDANT-APPELLEE ATTORNEYS...

...." Countrywide Homes Loans, supra, at ¶ 9; Fields Excavating, Inc. v. Welsh Electric Co., 10th Dist. No. 04AP-150, 2005-Ohio-708, at ¶ 8. {¶ 12} Appellant...passion or bias." Keaton v. Purchase Plus Buyers Group, Inc. (2001), 145 Ohio App.3d 796, 805...requires that a Civ.R. 60(B) motion be supported by an affidavit or other evidence given under oath. Rose Chevrolet, Inc. v. Adams (1988), 36...

...injury to the Baldwins. As this court has stated, "although two parties enter into 'a contract, no limitation self-imposed can destroy their power to contract again.'" Fields Excavating, Inc. v. McWane...and what the parties have consented to do, they can later consent to abandon." Fields Excavating at ¶ 16. {¶ 29} The majority overlooks the modification agreement...with sufficient solemnity." N. Coast Cookies, Inc. v. Sweet Temptations, Inc., 16 Ohio App. 3d 342, 348 (8th Dist.1984). "A signed...

...writing." Fields Excavating, Inc. v. McWane, Inc., 2009-Ohio-5925, ¶ 16 (12th Dist.). In addition, "a party could simply insert the clause into an agreement and would be magically protected in the...Salon & Spa Inc. v. Legends Constr. Group, 2019-Ohio-2506, ¶ 36 (11th Dist.). The Supreme Court of Ohio has held that "[e]quitable estoppel precludes recovery when 'one party induces another..., at ¶ 44 (11th Dist.) (noting this distinction). {¶39} Ohio Valley also cites the Tenth District's decision in Star Leasing Co. v. G & S Metal Consultants, Inc., 2009...

...behind the clause as a defense. (Internal citations omitted.) Fields Excavating, Inc. v. McWane, Inc., 12th Dist. No. CA2008-12-114, 2009-Ohio-5925, ¶ 17, citing...Developers, Inc. ("Queenswood"), Infinity Development of Ohio, Ltd. ("Infinity"), Parkview Financial Group, LLC, Anne Ream, Thomas Ream, Paul Ream, Robert Ream, and Richard Puzzitiello. They seek...of the contract, the defendant's breach of the contract, and damage or loss to the plaintiff." Samadder v. DMF of Ohio, Inc., 154 Ohio App.3d...

...support for a motion for relief from judgment. Fields Excavating, Inc. v. Welsh Elec. Co., 2005-Ohio-708, ¶ 8 (10th Dist), quoting Countrywide Home Loans v. Barclay, 2004-Ohio-6359, ¶ 9...). {¶15} A trial court's ruling on a motion for relief from judgment is reviewed for an abuse of discretion. Selective Ins. Co. of Am. v. Bronco Excavating, ...explaining its application of the test set forth in GTE Automatic Elec, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (1976), and (3) the trial...