In re Statman

Summary

The Ohio First District Court of Appeals reversed contempt findings against attorneys Alan Statman and Benjamin Maraan II arising from violations of a gag order in litigation involving former surgeon Abubaker Atiq Durrani. The court held that the attorneys could not be held vicariously liable for the contemptuous conduct of Eric Deters absent evidence that they committed an affirmative act or otherwise personally violated the court’s order. The court ordered the appellants discharged.

Holdings

1. The evidence was insufficient to support the findings that Statman and Maraan were in contempt because the record contained no evidence that either appellant committed an affirmative act violating the court's orders.
2. Statman and Maraan could not be held vicariously liable for Deters's contemptuous conduct based solely on their status as designated trial attorneys or their association with the Deters Law Firm.

Questions Presented

1. Whether the evidence was sufficient to support findings of indirect criminal contempt against Statman and Maraan when the findings were based solely on another person's contemptuous conduct and the appellants' status as designated trial attorneys.
2. Whether Statman and Maraan could be held vicariously liable for Deters's violation of the court's orders absent evidence that either appellant committed an affirmative act of disobedience, encouraged the violation, or controlled Deters.

Disposition

reversed