Ohio Supreme Court defers to legislature, upholds caps.
Trial, March, 2008
In an end-of-year blow to plaintiffs seeking full compensation for injury, the Ohio Supreme Court responded to certified questions from a federal district court on the facial constitutionality of caps on noneconomic and punitive damages. It upheld the caps that were enacted as part of a 2005 tort "reform" package in that state. (Arbino v. Johnson & Johnson, 2007 WL 4569719 (Ohio Dec. 27, 2007).)
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Robert Peck, president of the Center for Constitutional Litigation (CCL), who argued for petitioner Melisa Arbino along with Cincinnati lawyer Janet Arbaray, expressed disappointment that the court did not invalidate the caps as it did in a similar case he argued before that court in 1999. Only one member of the prior majority still sits...
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