Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Friday, January 07, 2005

Tort Reform Bill Signed By Governor

Governor Taft signed SB80, Ohio's latest attempt at tort reform. The new law will limit the amount of money juries may award for pain and suffering and other non-economic damages, limits punitive damages, allows disclosure to juries of some other sources of compensation for plaintiffs, and sets a time limit for filing suits over faulty products and construction services. In addtion to the latter, Taft also signed HB498, passed in a purported effort to offset previous Ohio Supreme Court rulings that allowed injured workers to sue employers for damages on top of workers' compensation benefits. The measure requires an employee in such a lawsuit to prove an employer acted with intent to injure, or in the belief that an injury was substantially certain to occur.

In other news, the U.S. 6th Circuit Court of Appeals rejected Toledo businesses' argument that a no-smoking ordinance was an unconstitutional regulatory taking of their property. Also turned down was their claim that the ordinance was preempted by a state law that regulates smoking in places of public assembly, but that does not apply to restaurants, bowling alleys and bars.



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