The NAM joined with six business groups supporting the constitutionality of an Ohio civil justice reform statute that caps noneconomic and punitive damages and that adopts a collateral source reform. The amicus brief describes the primary role of the state legislature in developing tort law, which should be respected by the courts. The legislature is uniquely equipped to make fully informed decisions about the need for public policy changes in the law, and can weigh and balance the many competing societal, economic and policy considerations involved. Legislation gives the public advance notice of significant changes affecting rights and duties, and the time to comport behavior accordingly. The brief lists numerous state examples where legislative tort reforms have been upheld, and calls on the court not to nullify legislative policy decisions in a way that is reminiscent of the highly discredited Lochner era of the early Twentieth Century.
On Dec. 27, 2007, the Ohio Supreme Court held that Ohio’s tort-reform statute was constitutional, based primarily on the notion that limits on noneconomic and punitive damages do not deny plaintiffs the right to seek a remedy for their tort claims. The ruling in this case is important to Ohio residents and businesses to help control unreasonable awards and costs associated with litigation.