About Us

Mark M. Mikhaiel Secures Unanimous Ohio Supreme Court Reversal on Res Judicata Enforceability

Wednesday, September 06, 2023

September 6, 2023– In a landmark decision, The Supreme Court of Ohio, voting unanimously, delivered a resounding verdict in favor of Schneider Smeltz Spieth LLP (SSSB) client, TruNorth Warranty Programs of North America, in the case of AJZ’s Hauling, LLC, v. TruNorth Warranty Programs of North America, Case No. 2022-0750. The ruling overturns the trial court's prior decision, affirming the applicability of res judicata. Leading the legal team in this pivotal case was Mark M. Mikhaiel, a Partner at SSSB, who vigorously argued the case before The Supreme Court of Ohio.

The Supreme Court of Ohio's 7-0 decision serves as a significant precedent, emphasizing that once a trial court issues a final order, parties are legally barred from re-litigating the same issue in a subsequent lawsuit.

Managing Partner, David M. Lenz, commented on this remarkable achievement, stating, "This was a grand slam home run for TruNorth. When Mark’s oral argument is compared with the Supreme Court’s decision and TruNorth’s proposed proposition of law with the case syllabus, it is clear that the Supreme Court sided 100% with TruNorth. This is a testament to Mark’s superior ability to distill complex issues into succinct and powerful written and oral submissions, capable of influencing judicial decision-making. Mark is an outstanding advocate, and we are proud to call him our partner."

SSSB's formidable litigation team has consistently demonstrated an impressive track record of appellate victories, rooted in the unwavering commitment to uphold the principles of justice and the law. Mark Mikhaiel's extensive experience, relentless determination, and unyielding dedication to his clients were pivotal factors in securing this groundbreaking reversal by The Supreme Court of Ohio.

Schneider Smeltz Spieth LLP (SSSB) is a distinguished legal firm with a legacy of unwavering dedication to delivering exceptional legal representation and an unparalleled track record of triumph across diverse legal domains. Backed by a team of seasoned professionals, SSSB’s appellate advocacy group is committed to providing clients with expert legal solutions, while consistently exceeding expectations.

For inquiries or further information, please contact:

Mark M. Mikhaiel

Schneider Smeltz Spieth LLP

216.696.4200 x1128


See opinion at 2023-Ohio-3097. See announcement at 2023-Ohio-3100.

Victory 7-0. Mark Mikhaiel secures 7-0 reversal on "Enforceability of Res Judicata" in Ohio Supreme Court. Shows a picture of Mark on the left side.

Awards & Recognition