This week, the Ohio House passed House Bill 126, legislation protecting against misuse of public nuisance claims. Trial lawyers have pushed to expand public nuisance far beyond its intended scope in an attempt to profit off its misuse by applying it to the production and manufacturing of products. The Ohio Alliance for Civil Justice (OACJ), chaired by OMA’s Lindsey Short, testified in support of the legislation to help prevent lawsuit abuse.

House Bill 126 also expressly codifies the Ohio Supreme Court’s recent decision in In Re National Prescription Opiate Litigation, which held that all common law public nuisance claims arising from the sale of a product are abrogated by the Ohio Product Liability Act. The OACJ co-authored an op-ed with the American Tort Reform Association earlier this year applauding the Supreme Court’s decision. 5/7/2025