Punitive Damages Reform: HB 350 (1996)
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).
This shift is not in the best interests of consumers, manufacturers, or the state as a whole
Michigan lawmakers must consider the unintended consequences of expanding liability
The Trial Lawyer Playbook report serves as a call to action, promoting transparency, accountability, and fairness in the legal system.
ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
The lack of oversight and transparency around third-party litigation funding threatens the integrity of our legal system