OHIO REFORMS

Appeal Bond Reform: HB 161 (2002).  Limits the amount a defendant can be required to pay to secure the right to appeal to $50 million.

Asbestos Litigation Reform: H.B. 292 (2004).  Establishes minimum medical requirements (based on AMA guide to the evaluation of permanent impairment) for filing asbestos claims.  Specifies plaintiff’s burden of proof in asbestos actions.  Establishes premises liability with respect to asbestos claims.

Asbestos Litigation Reform: Am. Sub. S.B. 80 (2004). In tort actions, limited the liability for certain successors in tort actions to the value of the acquired company on the effective date of the acquisition.

Class Action Reform: HB 394 (1998).  Provides for the interlocutory appeal of class action certification.

Collateral Source Rule Reform: Am. Sub. S.B. 80 (2004). Provides that collateral source benefits can be introduced into evidence, except under     certain circumstances.

Collateral Source Rule Reform: HB 350 (1996).  Permits the admissibility of evidence of collateral source payments, including workers’ compensation benefits, but only if there is no right of subrogation attached or the plaintiff has not paid a premium for the insurance.  The comprehensive 1996 tort reform law violated the doctrine of separation of powers and one-subject provision of the State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999). 

Collateral Source Rule Reform: HB 1 (1987).  Provides for awards to be offset by payments of collateral source benefits that have been paid or are likely to be paid within 60 months of judgment, unless the source of reimbursement has a subrogation right.  The statute providing offset of collateral source benefits received by a plaintiff violated the right to jury trial, due process, equal protection, right to open courts, and right to meaningful recovery provisions of the State Constitution.  Sorrell v. Thevenir, 633 N.E.2d 504 (Ohio 1994).  Samuels v. Coil Bar Corp., 579 N.E.2d 558 (Ohio Cm. Pl. 1991) (same as applied to wrongful death actions).

Comparative Fault: HB 350 (1996).  Allows juries to consider the comparative fault of non-parties when apportioning liability.  The comprehensive 1996 tort reform law violated the doctrine of separation of powers and one-subject provision of the State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999).

Contingent Fee Reform: HB 350 (1996).  Prohibits the assessment of contingent fees for expert witnesses.  The comprehensive 1996 tort reform law violated the doctrine of separation of powers and one-subject provision of the State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999).

Crime Victims’ Immunity: HB 547 (1998).  Prevents individuals convicted of a felony or violent misdemeanor from suing their victims for personal injury or damages suffered in the course of committing the crime.  Broadens the definition of "tort action" to specifically include a product liability claim, an action for wrongful death, and an action based on derivative claims for relief.

Employer Reference Liability: HB 44 (1996).  Grants liability protection to an employer who releases information about an employee unless the claimant proves either or both of the following:  by “clear and convincing” evidence that the employer disclosed the information knowing it to be false or with intent to mislead in bad faith with malicious purpose; or, by a preponderance of the evidence that the disclosure violates the Ohio Civil Rights Commission Law.  Includes a loser pays provision.   

Frivolous Lawsuit Penalty: HB 350 (1996).  Allows a court to order sanctions for frivolous conduct.  The comprehensive 1996 tort reform law violated the doctrine of separation of powers and one-subject provision of the State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999).

Good Samaritan Immunity:  HB 350 (1996).  Protects volunteers from liability.  The comprehensive 1996 tort reform law violated the doctrine of separation of powers and the one-subject provision of the State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999). 

Improvements to Real Property: Statute of Repose: Am. Sub. S.B. 80 (2004). Provides that tort actions, based on construction or improvement of real property, for injury or wrongful death, cannot be brought ten years after the substantial completion of the construction or improvement.

Joint and Several Liability Reform: HB 350 (1996).  Bars application of the rule of joint and several liability for the recovery of noneconomic damages, where the plaintiff was contributorily negligent or impliedly assumed the risk that caused the harm.   The comprehensive 1996 tort reform law violated the doctrine of separation of powers and the one-subject provision of the State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999).

Jury Service Reform: S.B. 71 (2004).  Provides for one automatic postponement from service with the requirement that juror must reschedule service within six months of the original summons.  Sets stricter criteria to be excused from service and allowed citizens 75 years of age or older to be excused upon request.  Prohibits employers from taking any disciplinary action that could lead to the discharge of any permanent employee due to absence from work for jury duty.  Provides that employers may not require an employee to use annual, vacation, or sick leave time for the time period of service.  Protected small business (with twenty five or fewer full-time employees) by requiring the court to postpone and reschedule the service of an employee of a small business if another employee of that employer is summoned to jury service during the same period.  Reduces the maximum period of availability for jury service from three weeks to two weeks.  Provides for the establishment of an electronic juror notification system (cellular telephone, pager, or other forms of telecommunication) to alert the juror of the need to appear in person in court during the period of availability provided in the juror summons.  Eliminates the maximum permitted daily juror compensation rate of $40.  Provides the Board of County Commissioners with authority to provide a higher rate of compensation.  Increases the minimum fine for failure to appear for jury service from $25 to $100.  The maximum $250 was unchanged by the new law.

Legal Consumer’s Bill of Rights: Am. Sub. S.B. 80 (2004). Requests that the Ohio Supreme Court adopt a “Legal Consumer Bill of Rights” outlining attorney and client responsibilities.  Attorney responsibilities include: courtesy, professionalism, attention, fee disclosure, responsiveness, control, respect, confidentiality, ethics, non-discrimination, and grievances.  Client responsibilities      include: truthfulness, responsiveness, courtesy, communication, and ethics.

Medical Liability Reform: Certificate of Merit: HB 350 (1996).  Requires a certificate of merit in medical liability actions.  The comprehensive 1996 tort reform law violated the doctrine of separation of powers and the one-subject provision of the State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999).

Medical Liability Reform: Nursing Home Liability Reform: HB 412 (2002).  Reforms the state’s civil liability laws governing lawsuits against nursing home or other residential facility caretakers.

Medical Liability Reform: Periodic Payment of Future Damages:  The statute requiring periodic payments of future damages awards in medical liability suits violated the right to jury trial and due process provisions of the State Constitution.  Galayda v. Lake Hospital Systems, Inc., 644 N.E.2d 298 (Ohio 1994), reconsideration denied, 644 N.E.2d 1389 (Ohio), cert. denied sub nom. Damian v. Galayda, 516 U.S. 810 (1995).

Medical Liability Reform: Statute of Limitations Reform: HB 350 (1996).  Adopts a six year statute of limitations in medical liability claims.  The comprehensive 1996 tort reform law violated the doctrine of separation of powers and the one-subject provision of the State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999).

Medical Liability Reform: Noneconomic Damages Reform: S.B. 281 (2003).  Limits non-economic damages to $350,000, which can rise up to $1 million depending on the severity of the injury and the number of plaintiffs involved in the suit.      

Noneconomic Damages Reform: Am. Sub. S.B. 80 (2004). Limits noneconomic damages in cases involving noncatastrophic injuries to the greater of $250,000 or three times economic damages up to $350,000, per plaintiff, with a maximum limit of $500,000 per occurrence.  Limits applied to all cases but medical liability cases.  Specifies that juries may not consider the following when determining noneconomic damages: (1) evidence of a defendant’s alleged wrongdoing, misconduct or guilt; (2) evidence of the defendant’s wealth or financial resources; (3) all other evidence that is offered for the purpose of punishing the defendant.  Finally, S.B. 80 specifies procedures and guidelines, based on ALEC’s Full and Fair Noneconomic Damages Act, for trial courts to review (upon a motion) noneconomic damage awards.

Noneconomic Damages Reform: HB 350 (1996).  Limits the award of noneconomic damages to the greater of $250,000 or three times economic damages to a maximum of $500,000, unless there is a finding that a plaintiff suffered: (1) a permanent and severe physical deformity; or (2) a permanent physical functional injury that permanently prevents her from being able to independently care for herself and perform life sustaining activities.  Provides that if a plaintiff establishes the criteria set forth above, noneconomic damages are limited to the greater of $1 million or $35,000 times the number of years remaining in the plaintiff’s expected life. The comprehensive 1996 tort reform law violated the doctrine of separation of powers and the one-subject provision of the State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999).

Obesity Litigation Reform: Am. Sub. S.B. 80 (2004). Exempts from civil liability manufacturers, marketers, distributors, advertisers, sellers, suppliers of a qualified product (defined as articles used for food or drink for a human being or other animal; chewing gum; articles used for components of the previously listed products) or a trade association when the claims is based on cumulative consumption, weight gain, obesity, or a health condition related to cumulative consumption, weight gain, or obesity.  Provides that a party that prevails on a motion to dismiss may recover reasonable attorney fees and costs associated with the motion to dismiss.  The liability exemption does not apply for any material violation of federal or state law applicable to the manufacturing, marketing, supplying, distribution, advertising, labeling, or sale of a qualified product and the violation was committed knowingly and willfully.  The provisions of the bill do not preclude civil liability for breach of express contract or express warranty in connection with the purchase of a qualified food product.  H.B. 1519 provides that discovery and all other proceedings shall be stayed during a motion to dismiss and that a party that prevails on a motion to dismiss may recover reasonable attorney fees and costs.

Product Liability Reform: Statute of Repose: Am. Sub. S.B. 80 (2004). Provides for a ten-year statute of repose for product liability actions, with certain exceptions.

Product Liability Reform: HB 350 (1996).  Amends product liability law to include additional requirements for establishing liability.  Prohibits expanding theories of liability, including enterprise liability.  Adopts a fifteen‑year statute of repose in product liability cases, absent latent harm or fraud.  The comprehensive 1996 tort reform law violated the doctrine of separation of powers and the one-subject provision of the State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999).

Product Liability Reform: HB 1 (1987).  Provides that a product’s design is not defective if: (1) an injury occurs due to the inherent characteristics of a product, where the characteristics are recognized by the ordinary person with ordinary knowledge common to the community; or (2) an injury occurs because of a design which is state of the art, unless the manufacturer       acted unreasonably in introducing the product into trade or commerce.  Provides that a product is not defective due to lack of warnings if the risk is open and obvious or is a risk that is a matter of common knowledge.  Establishes a complete defense for manufacturers and sellers of ethical drugs and/or devices if they have supplied adequate warnings to learned intermediaries, unless the FDA requires additional warnings.  Provides that a drug manufacturer shall not be liable for punitive damages if the drug was approved by the FDA.

Punitive Damages Reform: Am. Sub. S.B. 80 (2004). Limits punitive damages to not more than two times compensatory damages.  Limits punitive damages for small businesses to the lesser of two times compensatory damages or 10 percent of a defendants net worth, not to exceed $350,000.  Small businesses are defined as having less than 100 employees or manufacturers that have less than 500 employees.  Prohibits the award of punitive damages if punitive damages have already been awarded based on the same act or conduct that is alleged, except under certain circumstances.

Punitive Damages Reform: Bifurcated Trial: Am. Sub. S.B. 80 (2004). Provides that in jury trials, if punitive damages are requested by any party, the trial is bifurcated so that the jury considers compensatory damages in one stage, and punitive damages in a second stage.

Punitive Damages Reform: Over-the Counter Drugs and Medical Devices: Am. Sub. S.B. 80 (2004). Provides that manufacturers of over-the-counter drugs and medical devices are not liable for punitive damages if the FDA approved the product.  This was an extension of existing law which provided for a government standards defense for manufacturers of prescription drugs.

Punitive Damages Reform: HB 350 (1996): Ohio Rev. Code Ann. § 2307.80(A).  Limits the amount of punitive damages recoverable from all parties except large employers to the lesser of three times the award of compensatory damages or $100,000.  Limits the amount of punitive damages recoverable from large employers (more than 25 employees on a full time permanent basis) to the greater of three times the award of compensatory damages or $250,000.  Requires the determination of awards for punitive damages to be made in a separate proceeding at the request of either party.  Limits multiple punitive damages awards based on the same act or course of conduct.  Expands the governmental defense standards to include non‑drug manufacturers and manufacturers of over‑the‑counter drugs and medical devices.  The comprehensive 1996 tort reform law violated the doctrine of separation of powers and the one-subject provision of the State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999).  The limit on punitive damages violated the jury trial provision of the State Constitution.  Crowe v. Owens Corning Fiberglas, 718 N.E.2d 923 (Ohio 1999).

Punitive Damages Reform: HB 1 (1987).  Requires a plaintiff to show by “clear and convincing” evidence that she suffered “actual damages” because a defendant acted with “malice, aggravated or egregious fraud, oppression or insult” for the award of punitive damages.  Provides a government standard defense for FDA approved drugs. 

Seat Belt Evidence Reform: Am. Sub. S.B. 80 (2004). Permits evidence to be introduced of plaintiffs non-seat belt use for purposes of reducing noneconomic damages.

Silica/Mixed Dust Litigation Reform: H.B. 342 (2004).  Establishes minimum medical requirements (based on AMA guide to the evaluation of permanent impairment) for filing silicosis claims or mixed dust disease claims.  Specifies a plaintiff’s burden of proof in silica or mixed dust exposure actions.  Establishes premises liability with respect to those claims.

Silica/Mixed Dust Litigation Reform: H.B. 342 (2004).  Establishes minimum medical requirements (based on AMA guide to the evaluation of permanent impairment) for filing silicosis claims or mixed dust disease claims.  Specifies a plaintiff’s burden of proof in silica or mixed dust exposure actions.  Establishes premises liability with respect to those claims.

Statute of Repose Reform: S.B. 281 (2003).  Establishes a statute of repose of 4 years from the time the injury occurred.

Statute of Repose Reform:  HB 350 (1996).  Adopts a fifteen-year statute of repose for improvements to real property.  The comprehensive 1996 tort reform law violated doctrine of separation of powers and one-subject provision of State Constitution.  State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999).