Kessel v. Glenmark Generics, Inc., USA, 2014 Ohio 2371

Appellant Christina Kessel appeals a Summit County Court of Common Pleas dismissal of her class action against Glenmark Generics, Inc. USA following a nationwide recall of Norgestimate and Ethinyl Estradiol tablets.
Kessel claimed she purchased recalled contraceptives, and that refunds or restitution were not provided to her or the class.
Glenmark moved to dismiss under Civ.R.12(B)(6) arguing Kessel lacked standing because she hadn’t shown an injury or a remedy beyond refunds.
Glenmark attached an affidavit from its EVP describing the recall and refund processes.
The trial court dismissed, relying on outside evidence, and the court of appeals reverses and remands for further proceedings.
The disposition is based on procedural error regarding outside evidence, not on a merits ruling on standing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by considering outside evidence in a Civ.R.12(B)(6) motion	Kessel	Glenmark	Error; outside evidence should be excluded or motion converted to summary judgment.
Whether the case properly rests on standing grounds	Kessel	Glenmark	Court did not decide standing; reversed for procedural error and remanded.
Standard of review for Civ.R.12(B)(6) with outside materials	Kessel	Glenmark	De novo review; proceedings improper unless evidence treated as summary judgment.
Result of the appeal	Kessel	Glenmark	Judgment reversed and remanded for further proceedings.

State ex rel. Dellagnese v. Bath-Akron-Fairlawn Joint Economic Dev. Dist., 2006-Ohio-6904 (9th Dist. Summit No. 23196) (Civ.R.12(B) and outside-evidence issues; de novo review)
Hunt v. Marksman Prod., Div. of S/R Industries, Inc., 101 Ohio App.3d 760 (9th Dist.1995) (Civ.R.12(B) standard for dismissal)
State ex rel. Hanson v. Guernsey Cty. Bd. of Commrs., 65 Ohio St.3d 545 (1992) (reliance on pleadings; standard for motion practice)