Reduces the statute of limitations on written and oral contracts.
Reduces the statute of limitations on written and oral contracts. Shortens from eight to six years the period of limitations of actions on a contract in writing and shortens from six to four years the period of limitations of actions on a contract not in writing.
Reformed the state’s civil liability laws governing lawsuits against nursing
Reformed the state’s civil liability laws governing lawsuits against nursing home or other residential facility caretakers.
Permitted evidence to be introduced of plaintiffs non-seat belt use
Permitted evidence to be introduced of plaintiffs non-seat belt use for purposes of reducing noneconomic damages.
Provided that tort actions, based on construction or improvement of
Provided 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.
McClure v. Alexander, 2008 WL 754800 (Ohio App. 2008).
Exempted from civil liability manufacturers, marketers, distributors, advertisers, sellers, suppliers
Exempted 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. Provided 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 provided 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.
In tort actions, limited the liability for certain successors in
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.
Mandates that within thirty days after filing an asbestos complaint,
Mandates that within thirty days after filing an asbestos complaint, a claimant shall provide to all of the parties in the action a sworn statement identifying all existing asbestos trust claims made by or on behalf of the claimant and all trust claims material pertaining to each identified trust claim.
Codifies existing law by providing that landowners immunity from liability
Codifies existing law by providing that landowners immunity from liability for injuries to trespassers. Establishes that a possessor of land does not owe a duty of care to a trespasser, except for cases when the land possessor knows of the trespasser’s presence, maintains certain types of artificial conditions on the premise, or in certain instances involving child trespassers.
Established minimum medical requirements (based on AMA guide to the
Established minimum medical requirements (based on AMA guide to the evaluation of permanent impairment) for filing silicosis claims or mixed dust disease claims. Specified a plaintiff’s burden of proof in silica or mised dust exposure actions. Established premises liability with respect to those claims.
Requests that the Ohio Supreme Court adopt a “Legal Consumer
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.
Prevents individuals convicted of a felony or violent misdemeanor from
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. The bill 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.
Grants liability protection to an employer who releases information about
Grants liability protection to an employer who releases information about an employee unless claimant proves either or both of the following: by clear and convincing evidence that the employer disclosed the information knowning 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. It also includes a loser pays provision.
Prohibits the assessment of contingent fees for expert witnesses. The
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).
Established minimum medical requirements (based on AMA guide to the
Established minimum medical requirements (based on AMA guide to the evaluation of permanent impairment) for filing asbestos claims. Specified plaintiff’s burden of proof in asbestos actions. Established premises liability with respect to asbestos claims.
Notifications
