Temple Law Review
tort reform, Ohio law, constitutional law, open courts
Ohio tort law is about to be changed in a dramatic and comprehensive manner. House Bill 350 will be enacted as a major piece of tort reform legislation with provisions substantially like those discussed herein. The vast majority of this legislative change is directed to areas of the law in need of change and the restoration of balance. Most of the proposed changes either raise no constitutional concerns or should be deemed in compliance with the Ohio Constitution. In a few areas, most notably statutes of repose and limitations on damages, the governmental need is weak, the effect drastic, and the likelihood of defending against constitutional attack is minimal. As this round of legislative tort reform will largely level the playing field, even without its unconstitutional provisions, it should well serve the citizens of Ohio and the civil justice system.
Stephen J. Werber, Ohio Tort Reform Versus the Ohio Constitution, 69 Temple Law Review 1155 (Fall 1996)
Used with permission of Rutgers Law Journal