Punitive Damages Reform: HB 350 (1996)

| November 6, 2016

Limits the amount of punitive damages recoverable from all parties

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).