On Friday, May 15, 2026, Susan Wasserman filed a complaint for a writ of mandamus in the Supreme Court of Ohio against Karen Phipps, a judge in the Franklin County Court of Common Pleas. The complaint seeks to compel Judge Phipps to rule on an Anti-SLAPP (Strategic Lawsuit Against Public Participation) motion filed by Wasserman in a related foreclosure case.
Wasserman, representing herself, argues that Judge Phipps has failed to act on the motion within the statutory timeframe mandated by Ohio’s Uniform Public Expression Protection Act (UPEPA). According to the complaint, more than 60 days have passed since the filing of the Anti-SLAPP motion without any ruling or opposition filed. Wasserman contends that this delay infringes upon her constitutional rights and undermines the purpose of UPEPA, which is to provide expedited protection against SLAPP suits.
The filing asserts that the underlying foreclosure action brought by Robert Weir, as Successor Trustee of the Elizabeth W. Koeberger Trust, is a retaliatory SLAPP suit designed to penalize Wasserman for her protected petitioning activities. These activities include filing appeals, motions, and complaints in state and federal courts challenging judicial misconduct and other issues related to the Koeberger trust.
Wasserman’s complaint requests the Supreme Court to issue an alternative writ ordering Judge Phipps to show cause why she should not be compelled to immediately rule on the Anti-SLAPP motion. Additionally, she seeks a peremptory writ of mandamus compelling Judge Phipps to dismiss the plaintiff’s complaint with prejudice and award Wasserman reasonable attorney’s fees, costs, and expenses.
A copy of the original filing can be found here.
