As I explained in my blog “Be Careful About the Ohio Saving Statute — It Does Not Save All”, in 2019, in Portee v. Cleveland Clinic Foundation, 155 Ohio St.3d 1, 2018-Ohio-3263, 118 N.E.3d 214, the Ohio Supreme Court decided the issue of whether the Ohio saving statute, R.C. 2305.19 saved a medical malpractice action that was filed in federal court in Indiana but dismissed for lack of personal jurisdiction and then was refiled in Ohio. The Ohio Supreme Court answered in the negative: “If an action is commenced in another state in either state or federal court and fails otherwise than upon the merits, and the statute of limitations for commencement of such action has expired, the Ohio saving statute does not apply to permit commencement of a new action within one year.” Id. at syllabus.
