Ohio Court Finds Caps on Punitive, Noneconomic Damages Constitutional

COLUMBUS, Ohio -- Ohio's highest court has found that two legislative amendments limiting damages in tort cases are constitutional, saying that the plaintiffs' rights to a jury trial and a remedy in an open court are not impeded by the cap on jury awards. Arbino v. Johnson & Johnson, No. 2007-Ohio-6948 (Ohio Sup. Ct.).

In a Dec. 27 decision, the Ohio Supreme Court rejected an Ortho Evra plaintiff's challenges to statutes capping punitive and noneconomic damages and also found that the plaintiff lacked standing to contest a statute that allows defendants to introduce evidence of other compensation the plaintiff might …