At the Ohio Supreme Court Level, NFIB Amicus Brief Argues In Favor of Non-Economic Damage Caps
Columbus, OH (November 23, 2021) – NFIB filed an amicus brief in the case Brandt v. Pompa at the Ohio Supreme Court, on the constitutionality of Ohio’s statutory limit on noneconomic damages. When implementing the limit on non-economic damages, the Ohio Legislature sought to maintain predictability in the civil justice system and economic stability for all Ohioans by choosing a considerable, but not unlimited, remedy for the subjective, non-quantifiable portion of an award. This was upheld at the appellate court level and should also be upheld by the Ohio Supreme Court.
“Finding the statute unconstitutional would expose businesses of all sizes, nonprofit organizations, and others to unpredictable, unlimited damages for subjective pain and suffering resulting from no more than mere negligence in a wide range of cases,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “Limits on noneconomic damages are a rational and defensible legislative response to a growing distortion of liability law that has adverse consequences for businesses, healthcare providers, and the public. The limits have worked. The Court should reaffirm that Ohio’s law is constitutional.”
“Ohio’s small business owners operate most productively under a judicial system that provides a more certain legal environment where they know the rules and can focus on growing their businesses,” said Roger Geiger, executive director for NFIB in Ohio. “Reasonable limits on non-economic damage caps are a critical part to maintaining predictability and stability in Ohio’s court system.”
NFIB filed the brief along with the U.S. Chamber of Commerce, the American Tort Reform Association, the Coalition for Litigation Justice, Inc., and the American Property Casualty Insurance Association.
The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.
For more than 70 years, the National Federation of Independent Business has been the one, true Voice of Small Business, taking the message from Main Street to the halls of Congress and all 50 state legislatures. NFIB annually surveys its members on state and federal issues vital to their survival as the engine of the American economy and its biggest creator of jobs. NFIB’s educational mission is to remind policymakers that small businesses are not smaller versions of bigger businesses; they have very different challenges and priorities. NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses. More information about NFIB is available at www.NFIB.com/newsroom.