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: Cleveland Law Library Weblog

Ohio Supreme Court Upholds S.B. 80 Tort Reform

By Cleveland Law Library

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The Ohio Supreme Court has just issued a press release that the Court has upheld 2 tort reform statutes.  In Arbino v. Johnson & Johnson, 2007-Ohio-6948, the Court held that 2 recent Ohio tort reform statutes do not violate the constitutional rights of personal injury plaintiffs. Specifically, the Court held that caps on non-economic damages and punitives do not violate: 1) constitutional rights to trial by jury; 2) due process; 3) equal protection; and 4) Ohio constitional provisions that guarantee open courts and separation of powers. Both caps were enacted as part of S.B. 80 (passed in 2004 and effective in 2005), which placed the caps in O.R.C. 2315.18 and O.R.C. 2315.21, respectively.

Full post as published by Cleveland Law Library Weblog on December 28, 2007 (boomark / email).

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