Auto Insurance AUTO

Auto insurance protects you against financial loss if you have an accident.

Read More
Homeowners Insurance HOME

A standard policy insures the home itself and the things you keep in it.

Read More
Business Insurance BUSINESS

Discover the perfect insurance options to meet your specific and unique needs.

Read More
Contractors Insurance CONTRACTOR

Browse a variety of insurance options in order to find the right one for you.

Read More
Medicare Insurance MEDICARE

Learn about different medicare coverage to fit your specific needs.

Read More
Travel Insurance TRAVEL

Finding insurance doesn't have to be difficult. We do the work for you.

Read More

Ohio Tort Reform Case: Class-Action Victory

The Ohio Supreme Court threw out a class-action lawsuit, State Farm v. Cullen, finding it didn't meet legal requirements for a class action. This victory ensures unwarranted lawsuits don't receive class-action status, which drives up costs for consumers. The Ohio Alliance for Civil Justice, of which PIAA is a member, joined the Ohio Hospital Association, Ohio State Medical Association and Ohio Osteopathic Association in filing an amicus brief in this case supporting State Farm’s position.

In the 5-2 ruling, the Supreme Court clarified the standards that apply when an appellate court reviews certification of a class action pursuant to the Ohio Rules of Civil Procedure. The majority opinion reversed the ruling of the Eighth District Court of Appeals and sent the case back to the trial court for reconsideration.

In the majority opinion, Justice Terrence O’Donnell stated, "…this action does not satisfy the requirements for class certification pursuant to Civ.R. 23(B)(2), because the declaratory relief sought is at best only incidental to an award of monetary damages, and the trial court abused its discretion in granting class certification pursuant to Civ.R. 23(B)(3), because a rigorous analysis of the evidence presented by the parties demonstrates that individual questions predominate over issues common to the class."

Joining in the majority opinion were Chief Justice Maureen O'Connor, Justice Sharon Kennedy and Judge Matthew McFarland of the Fourth District Court of Appeals, who sat in for the recused Justice Judith French. Justice Judith Lanzinger concurred in paragraph three of the opinion's syllabus and in the judgment.

Justice Bill O'Neill and Justice Paul Pfeifer dissented. In the dissenting opinion, Justice O’Neill expressed concern that the majority missed “… a perfect opportunity to breathe life into class-actions in Ohio.”

Also see: Windshield Repair Case Does Not Meet Requirements for Class Action
Posted 12:41 PM

Share |

No Comments

Post a Comment
Required (Not Displayed)

All comments are moderated and stripped of HTML.
Submission Validation
Change the CAPTCHA codeSpeak the CAPTCHA code
Enter the Validation Code from above.
NOTICE: This blog and website are made available by the publisher for educational and informational purposes only. It is not be used as a substitute for competent insurance, legal, or tax advice from a licensed professional in your state. By using this blog site you understand that there is no broker client relationship between you and the blog and website publisher.
Blog Archive

View Mobile Version
Share Kindness
© Copyright. All rights reserved.
Powered by Insurance Website Builder