House Speaker Larry Householder on Wednesday changed his game plan a little for dealing with a Senate-passed overhaul of Ohio's civil justice system, retaining his intent to split the bill but assigning the separate pieces to different committees than those announced a week ago.
The legislation proposes caps of $500,000 to $1 million on the amount of money that may be awarded for non-economic damages such as pain and suffering; caps on punitive damages; sliding limits of 35% to 15% on attorney contingency fees, based on the amount of an award; creation of a legal consumer's bill of rights; a redefinition of frivolous lawsuits intended to encourage judges to more frequently dismiss such actions; and a 10-year deadline for filing product liability claims against a manufacturer or supplier. The asbestos sections over which there is considerably less dispute would require persons with claims to file written reports and test results showing they were actually ill, rather than only having been subject to exposure.
Senator Stivers said the goal of the bill is to develop a balanced plan that fairly compensates injured parties while removing factors that have been negatively impacting the state's economy. He insisted the bill would not limit an injured person's recovery for economic losses in any way. "The reason to do this bill is to make Ohio's economy more competitive. This is a jobs and innovation and productivity bill," Mr. Stivers said. "Business are deathly afraid of our civil justice system."
Separately, the Ohio Alliance for Civil Justice, a coalition representing at least 200 trade and professional associations - including the AMC/NOMA, called enactment of the bill essential if Ohio is to protect jobs and stimulate economic growth. "The link between a state's litigation climate and business competitiveness is well documented," the group said.
The alliance supported enactment of "a full package of civil justice reforms" including limits on punitive and non-economic damages; statute of repose for products and services; informing juries of collateral sources of compensation for plaintiffs; and changes in the area of asbestos litigation. "Without addressing these issues collectively, Ohio cannot achieve meaningful civil justice reform," the alliance said.
AMC/NOMA strongly supports SB 80.