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Ohio Supreme Court Abandons Decision and Puts Product Liability Law on the Ballot

The Ohio Supreme Court on Sept. 1 ruled that voters can have the last word on whether paint companies should be subjected to paying damages to families whose children are allegedly sickened by exposure to lead-based paint.

Ohio’s Secretary of State Jennifer Brunner had filed a motion of reconsideration with the Ohio State Supreme Court, asking the court to let her begin the referendum process of having the Ohio Senate Bill 117 put on the ballot so Ohioans can nullify it at the ballot box. On Aug. 1, the Ohio Supreme Court ruled that Senate Bill 117, legislation that includes a clarification that cities and the state’s ability to sue manufacturers (for example, alleged to have contributed to lead poisoning) can only be brought under the Ohio Product Liability Law and cannot be recast as public nuisance claims, is law and should go into effect as originally intended.

The measure, which drew strong support from the Ohio Manufacturer’s Association, NPCA, and a broad range of interested parties, was filed on Jan. 5, 2007 with the Ohio Secretary of State by outgoing Gov. Bob Taft (R), who chose the option of doing so without actually signing the bill. He chose to withhold his signature due to his objection to a lone provision that did not relate to the public nuisance law clarification (which he explicitly supported).

After the bill was filed, the new governor, Ted Strickland (D), asked the new Secretary of State, Jennifer Brunner (D), to return the bill to him so he could then veto it. At that point, the bill’s legislature sponsors sued for an order by the Ohio Supreme Court stating that his illegal action be rescinded and that the bill be effected, as originally filed on Jan. 5.

A consortium of opponents of Brunner’s plea filed a Amici Curiae, or "Friend of the Court" brief, opposing the Court’s reconsideration, noting that the law went into effect April 5.

Members: Contact NPCA's Tom Graves for more information.

 
Source: October 2007 Coatings, posted 9/10/07