On May 1, 2007, the Ohio Supreme Court heard oral arguments in Arbino v. Johnson & Johnson (Case No. 2006-1212), in which the Supreme Court certified questions relating to the constitutionality of three provisions of Ohio Senate Bill 80 (“Senate Bill 80”), a comprehensive tort reform bill which became effective in April 2005.

This case, which involves the Ortho Evra Birth Control Patch, is before Judge Katz (U.S. District Court of the Northern District of Ohio) pursuant to a multidistrict litigation order that transferred hundreds of cases based on alleged defects of this product to Judge Katz. Plaintiff Arbino filed a motion for partial summary judgment in federal district court seeking a ruling on the constitutionality of four provisions of Senate Bill 80. In lieu of deciding the motion, Judge Katz, in June 2006, entered a certification order asking the Ohio Supreme Court to decide the constitutionality of the four particular provisions of Senate Bill 80. The Court agreed to address the following questions:

  • The non-economic damages limitations included in ORC §2315.18;
  • The collateral source provision included in ORC §2315.20; and
  • The punitive damages limitations included in ORC §2315.21.

The case awaits decision from the Ohio Supreme Court.