August 1, 2007
Ohio Nuisance Reform Veto Invalid
The Ohio Supreme Court has invalidated the veto of liability modifications there targeting the use of nuisance suits against manufacturers.
A long-awaited 5-2 decision ruled Gov. Ted Strickland's January veto of Senate Bill 117 invalid, meaning public nuisance claims may not be used in cases of product liability. The decision should end Attorney General Marc Dann's nuisance lawsuit against companies that manufactured lead paint more than 30 years ago.
The opinion, authored by Justice Robert Cupp, settled a dispute between Strickland and the General Assembly, which passed the tort reform law in December while Bob Taft was still Governor. Strickland claimed he still had time to veto the bill, but the General Assembly said the 10-day window was up.
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