Indus. Risk Insurers v. Lorenz Equip. Co

In Indus. Risk Insurers v. Lorenz Equip. Co., 69 Ohio St.3d 576, 580, 1994 Ohio 442, 635 N.E.2d 14, the Ohio Supreme Court stated that, because Ohio's Civ.R. 41 is based on Fed.R.Civ.P. 41, the federal interpretation of the rule is persuasive authority in interpreting Ohio's rule. The Ohio Supreme Court then stated the Supreme Court of the United States has held that the imposition of Rule 11 sanctions after a voluntary dismissal of a case under Civil Rule 41 does not infringe upon the right to dismiss under that rule. "The Supreme Court reasoned that Rule 11 sanctions are collateral to the action, and that it is well established that federal courts may consider collateral issues after an action is no longer pending."