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Appeals Court affirms trial court ruling in Schmidt, Krikorian case

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www.twelfth.courts.state.oh.us

The Twelfth District Court of Appeals has affirmed the trial court's ruling denying admittance of an out-of-state attorney, denying a protective order for attorney fee statements, and granting a protective order regarding subpoenas served on Jean Schmidt's congressional office and her counsel.

Schmidt represents the Second District of Ohio in the United State House of Representatives. Schmidt defeated David Krikorian in the 2008 general election for the congressional seat.

In 2009, the Ohio Elections Commission issued letters of reprimand to Krikorian for falsely stating that Schmidt received support from Turkish interests.

Subsequently, Schmidt filed a defamation action against Krikorian regarding these statements. The trial court denied Schmidt's request to allow an out-of-state attorney in the case and allowed Krikorian to obtain Schmidt's attorney's billing records but did not allow Krikorian's other request for documents.

On appeal, Schmidt argued that the court should not have allowed Krikorian to obtain her attorney's billing statements and that she was prejudiced by the court's refusal to allow the out-of-state attorney to participate in the case.

Writing an opinion for a unanimous court, visiting Judge Thomas Grady found that the trial court properly denied the out-of-state attorney admission in the case because Schmidt did not show how she would be prejudiced if the attorney was not admitted.

The court also determined that the trial court properly allowed Krikorian to obtain the attorney billing records because the records did not include any privileged information and that the trial court properly disallowed the request for other documents.

Visiting Judges Mike Fain and Michael T. Hall concurred in the decision.[[In-content Ad]]

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