In December of 2006, the Ohio General Assembly passed Senate Bill 117 to clarify, among other things, that Ohio’s Product Liability Act has abrogated all common law product liability claims, including those characterized as public nuisance claims. In large part, these provisions of S.B. 117 simply clarified and reiterated provisions passed in 2005 in Senate Bill 80.

Nonetheless, S.B. 117 has been the center of several highly charged pieces of litigation. Public nuisance litigation, and S.B. 117 itself, are likely to remain pivotal in the coming years.

Resources Available

Ohio Lead Paint Litigation
On April 2, 2007, the Ohio Attorney General filed a public nuisance lawsuit in the Franklin County Court of Common Pleas against ten paint manufacturers and “John Doe Corporations".

Ohio Senate Bill 117 Litigation
Information on the Ohio Supreme Court case of State ex rel., The Ohio General Assembly v. Jennifer Brunner, Secretary of State challenging the veto of S.B. 117