Representative Oelslager Is Stalling Again.

By: Jeff Longstreth

In early October, Representative Scott Oelslager, R-Canton,called on Bruce Johnson, director of the Ohio Department of Development, to hold regional hearings across the state to address the “manufacturing crisis” in Ohio. Oelslager pleaded that “The lives of my constituents depend on the well-being of Ohio’s manufacturing industry.” In a recent Canton Repository article Oelslager said the hearings would allow local manufacturers, suppliers, community and labor leaders, and others to “express their concerns and possible remedies.” That all sounds well and good Representative Oelslager, but everyone already knows what their concerns are and the solution is stalled in your committee.

SB 80, Ohio's comprehensive tort reform bill passed the Ohio Senate in June 2003 and has been stalled in the Ohio House since then. SB 80 was referred to the House Judiciary Committee which is chaired by Representative Oelslager. Representative Oelslager is NOT a proponent of tort reform. This has been supported by his hesitation and reluctance in the past to support previous tort reform efforts and reinforced by his most recent activity to stall SB 80 as long as he can.

Ohio needs a civil justice system that fairly compensates victims, not personal injury lawyers.The time is right for reforms that help prevent lawsuit abuse and ensure both plaintiffs and defendants receive balanced and fair treatment in Ohio’s courts.

The proposed legislation will:

  • Establish a cap for non-economic damages in all tort actions,
  • Place limits on punitive damages in all tort actions,
  • Eliminate the "collateral source" rule, informing juries of plaintiffs’ recovery of compensation from multiple sources,
  • Establish a "statute of repose" (time period limit) for products and construction,
  • Establish more stringent standards to regulate frivolous conduct,
  • Create a provision requiring approval of attorney fees that exceed certain damage caps, and

This common-sense legislation, when passed, will:

  • establish a balance between protecting the rights of people who are harmed by the negligence of others and protecting the rights of people who are unfairly sued,
  • encourage economic growth and stability for Ohio job providers,
  • set fair and reasonable limits on the amount that can be awarded by juries,
  • established reasonable time limits on product liability so that companies are not unfairly sued for decades old products,
  • allows juries to have relevant information about damaged the plaintiff has already received from insurance or workers' compensation for their injuries, protect Ohio consumers, taxpayers, businesses and professionals from the costs associated with frivolous lawsuits, and
  • protect Ohio consumers, taxpayers, businesses and professionals from the costs associated with frivolous lawsuits.

Ohio manufacturing can't afford stalling from the House over SB 80. More than 170,000 manufacturing jobs have been lost since this recession began, and the sooner the House is able to pass this legislation, the sooner it will be doing something to stem the tide of job loss in the state.

Unfortunately, over the past few months Representative Oelslager has been crafting an unending "media campaign" requesting specific information on why tort reform is necessary from entities like the Ohio Department of Development, Ohio Department of Insurance, and Ohio Supreme Court. Representative Oelslager has stated publicly that he is holding up hearings on the bill until he collects more information on the impact the civil justice system is having on the economy, courts and businesses.

It was Representative Oelslager’s most recent and outrageous stalling tactic that has prompted my response. Last week Representative Oelslager called on the Ohio State Bar Association as well as law professors from around the state to provide him with information regarding civil justice reform. In case you are not aware Representative Oelslager, the OSBA is not an independent information gathering organization. They have publicly denounced any and all civil justice reform. Your request is the equivalent of asking the fox how he feels about locking the henhouse.

Stalling tactics and media campaigns are no way to legislate. Representative Oelslager has the power and the duty to hold hearings in his own committee to find all the answers he is seeking. What Representative Oelslager is not telling his constituents and contributors is that if he can stall long enough, the bill will die in committee. Then Representative Oelslager can claim he did all he could do, and still accept thousands of dollars from the trial lawyers in his next campaign.

There are only so many things that government can do to help a beleaguered economy and common sense civil justice reform is one of them. Ohio Citizens Against Lawsuit Abuse is a watchdog for justice, and as the executive director, I strongly encourage Representative Oelslager to stop stalling and hold hearings on SB 80.

Jeff Longstreth is the Executive Director of Ohio Citizens Against Lawsuit Abuse. Ohio Citizens Against Lawsuit Abuse (OCALA) is a non-profit, grassroots public education organization that represents over 6000 Ohio taxpayers. OCALA’s mission is to inform the public about the cost of lawsuit abuse and to help ensure the legal system is used for justice, not greed. Their website is