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Court Challenges to Ohio Tort Reform

 

Two significant cases have been decided by the Ohio Supreme Cour, both of which presented constitutional challenges to Ohio's 2005 Ohio tort reform law, S.B. 80. The two cases and resources relating to them are:

Arbino v. Johnson & Johnson
On August 23, the Ohio Supreme Court certified questions relating to the constitutionality of three provisions of Ohio Senate Bill 80: The non-economic damages limitation included in ORC §2315.18; the collateral source provision included in ORC §2315.20; and the punitive damages limitations included in ORC §2315.21.

The Ohio Supreme Court issued its decision on December 27, 2007 and found the damages limitations constitutional.

Groch v. General Motors Corp.
On December 27, 2006, the Ohio Supreme Court agreed to answer nine questions challenging the constitutionality of Ohio Senate Bill 80. Eight questions concern the workers' compensation subrogation statutes and the statute of repose for products. The ninth question concerns whether S.B. 80 violates the one-subject rule, which disallows the combination in a single bill of various topics that lack a common purpose.

The Ohio Supreme Court issued its decision on February 21, 2008 and in the decision upheld a 2003 workers’ compensation law that allows companies to recover costs of medical care and lost wages from injured workers who win damage awards from third parties; upheld the constitutionality of a 10-year statute of repose for the accrual of a product liability claim against a product manufacturer; found the retroactive application of the time limit to bar a claim against a manufacturer for injuries that a person sustained within two years before the law took effect to be unconstitutional; and found that the statute in question did not violate the single subject rule.


In addition to challenges to S.B. 80 tort reform, there are challenges pending to Ohio's 2004 asbestos litigation reform bill, H.B. 292.
Asbestos Reform Litigation and Challenges


For more information on tort reform in Ohio since 2001, visit our Ohio Tort Reform Resource Center.

 

 

Highlights


The Ohio Supreme Court on December 27, 2007 rules in the case of Arbino v. Johnson & Johnson and upholds limitations on damages in general tort actions and on February 21, 2008 in Groch v. General Motors Corp. finding the statute of repose for product liability actions and the subrogation statutes facially constitutional
Ohio Supreme Court Upholds Tort Reform

Recent cases in the Ohio courts
Recent Court News

Cases and briefs from Bricker & Eckler's appellate practice
Representative Cases

Read about Thompson v. Hayes, a case addressing the legality of an important aspect of Ohio's Medicaid program and the role of county MR/DD boards
Thompson v. Hayes
 


Special Features

Resources and information on Ohio tort reform, including information on challenges to the laws before the Ohio courts
Ohio Tort Reform and Asbestos, Silica and Mixed Dust Reform  

 

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