December 5, 2008 / Law Alert

A Year of Tort Reform Review

In the past year, the Supreme Court of Ohio has reviewed several important tort reform measures enacted by the state legislature. This Law Alert explores several decisions addressing limits on non-economic and punitive damages, the statute of repose for product liability cases, and asbestos-related cases that directly affect manufacturers and suppliers. These recent decisions demonstrate the Court's intent to promote judicial economy and to defer to the state legislature to create public policy. In 2009, the Court will be posed to review the constitutionality of Ohio's employer intentional tort statute. Unlike its recent decisions upholding the constitutionality of tort-reform statutes, the Court has previously found that statutes limited an employee's ability to recover for workplace injuries are unconstitutional.