On March 30, 2022, the Supreme Court of Ohio heard oral argument in Brandt v. Pompa, 2021-0497. At issue in this case is whether Ohio’s statutory cap on non-economic damages, codified in R.C. 2315.18, is unconstitutional as applied to the facts in this sexual assault case. Also at issue is whether R.C. 2315.18
Tort Reform
Merit Decision: Court Again Upholds Constitutionality of Cap on Noneconomic Tort Damages. Simpkins v. Grace Brethren Church.
By Marianna Bettman on
“It’s déjà vu all over again.” Yogi Berra.
On December 14, 2016, the Supreme Court of Ohio handed down a merit decision in Simpkins v. Grace Brethren Church 2016-Ohio-8118. At issue in the case was an as-applied constitutional challenge to the caps on noneconomic tort damages set out in R.C. 2315.18(B). In another fractured…
Merit Decision: The Constitutionality of the Mandatory Bifurcation Provision of R.C. 2315.21(B). Havel v. Villa St. Joseph.
By Marianna Bettman on
On February 15, 2012, the Supreme Court of Ohio issued a decision in Havel v. Villa St. Joseph, 2012-Ohio-552. In a 5-2 decision (Chief Justice O’Connor concurred in judgment only) written by Justice O’Donnell, the Court upheld the constitutionality of R.C. 2315.21(B), the mandatory bifurcation provision of the punitive damages statute. This statute, as…
What’s On Their Minds? The Constitutionality of the Mandatory Bifurcation Provision of R.C. 2315.21(B). Havel v. Villa St. Joseph.
By Marianna Bettman on
Update: On February 18, 2012 the Supreme Court of Ohio issued a merit decision in this case. Read that post here.
On September 21 the Ohio Supreme Court heard argument in the case of Havel v. Villa St. Joseph, case #2010-2148. At issue in the case is the constitutionality of 2315.21(B), the mandatory…
Oral Argument Preview: Tort Reform Redux? The Constitutionality of the Mandatory Bifurcation Provision of R.C. 2315.21(B). Havel v. Villa St. Joseph.
By Marianna Bettman on
Update: On February 18, 2012 the Supreme Court of Ohio issued a merit decision in this case. Read that post here.
On Sept. 21 the Ohio Supreme Court will hear the case of Havel v. Villa St. Joseph, #10-2148, which addresses the constitutionality of R.C. 2315.21(B).
R.C. 2315.21(B) mandates the bifurcation of compensatory…