July 25, 2012 – OLG Response to AG Brief Opposing Fees

In summary the OLG brief stated:

  • OLG’s request for fees is proper at this time because a final judgment has been entered on an appeal.
  • Fees are recoverable in this action regardless of whether it is an action in Mandamus (which it is not).
  • OLG is an “eligible party” entitled to recover fees under the Ohio Revised Code. Also, as an incorporated entity OLG is not required to aggregate the net worth of its employees or members.
  • OLG is the prevailing eligible party and is entitled to an award of fees.
  • The State’s position in initiating the matter was not substantially justified.
  • The State has failed to describe “Special Circumstances” for avoiding the payment of attorney’s fees.

Read the entire brief by clicking: OLG Reply brief to State 2012

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