Today's Date: Add To Favorites
Ohio Supreme Court Upholds Damages Law
Breaking Legal News | 2007/12/29 11:59
The Ohio Supreme Court upheld a state law Thursday that limits how much a person injured by a defective product can collect in pain-and-suffering damages, reversing its stance on a closely watched issue. Attorneys representing injured people and companies that support the concept of caps have followed the lawsuit filed by Melisa Arbino, a Cincinnati property manager, over the Ortho Evra Birth Control Patch made by New Brunswick, N.J.-based Johnson & Johnson. She contended the product caused her permanent physical damage and threatened her ability to have children, and her lawyer argued that limits on damages were unconstitutional.

The majority opinion in the 5-2 ruling, written by Chief Justice Thomas J. Moyer, said the Ohio law revised did not violate the constitutional rights of injured parties to trial by jury, to a remedy for their injuries or to due process and equal protection.

"The decision in this case affirms the General Assembly's efforts over the last several decades to enact meaningful tort reforms," Moyer wrote.

In one of its challenged provisions, the law caps awards at $250,000 or three times the amount of economic damages, whichever is greater, up to an absolute limit of $350,000. The exception is when a plaintiff suffers permanent disability or loss of a limb or bodily organ system.

In another, the law prohibits awards for punitive damages exceeding two times the amount of the compensatory damages awarded the same defendant.

The court threw out a similar law in 1999 in a decision that prompted businesses to criticize Democratic justices who voted against the legislation. Since then, the court has become an all-Republican bench. In the 1999 vote, two Republicans joined the court's two Democrats in striking down the law, which was revised in 2004.

The U.S. Chamber of Commerce, National Association of Manufacturers and the National Federation of Independent Business Legal Foundation had joined in urging the court to uphold the law.

Groups urging the court to overturn it included the Ohio Academy of Trial Lawyers, the Ohio Conference of the National Association for the Advancement of Colored People and Mothers Against Drunk Driving.



[PREV] [1] ..[5583][5584][5585][5586][5587][5588][5589][5590][5591].. [8292] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
New Hampshire courts hear 2 ..
PA high court orders countie..
Tight US House races in Cali..
North Carolina Attorney Gene..
Republicans take Senate majo..
What to know about the unpre..
A man who threatened to kill..
Ford cuts 2024 earnings guid..
Kenya’s deputy president pl..
South Korean court acquits f..
Supreme Court grapples with ..
Supreme Court leaves in plac..
Kentucky sheriff accused of ..
New rules regarding election..
North Carolina appeals court..


Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design