Legislative HeatCheck Names Ohio to “Heat Watch” As Lawmakers Focus on Transparency and Accountability in Lawsuits

Today, the American Tort Reform Association placed Ohio’s legislature on “Heat Watch” in its latest Legislative HeatCheck report as lawmakers pursue legal reforms to improve the state’s civil justice climate.

The legislature is considering two key bills – one of which targets the expansion of public nuisance litigation and another addressing third-party litigation funding. While the session is ongoing, these proposals reflect a push toward a fairer and more balanced legal system.

“Ohio lawmakers have a real chance to lead the way in restoring fairness to the legal system by tackling public nuisance abuse and increasing transparency around lawsuit funding,” said Tiger Joyce, president of ATRA. “These reforms can help create a more balanced civil justice environment that protects both consumers and job creators.”

Lawmakers Consider Positive Reforms 

• Reining in Inappropriate Use of Public Nuisance Lawsuits: H.B. 126 seeks to prohibit public nuisance lawsuits related to product liability by amending Ohio’s Products Liability Law. It would stop public nuisance claims that argue a product’s design, manufacture, marketing, distribution, or sale interferes with a right common to the public. Public nuisance lawsuits often are inappropriately used to address broad public policy challenges. This would create a fairer and more predictable legal system where cases are based on clear individual harm. It is sponsored by Reps. Adam Mathews (R) and Meredith Craig (R).

• Transparency in Lawsuit Funding: S.B. 10 and H.B. 105  aim to bring transparency and fairness to third-party litigation funding through a legal framework for contracts where outside funders cover litigation costs in exchange for repayment only if the plaintiff wins. The bills aim to protect the integrity of the court system by preventing funders from influencing legal decisions and by banning foreign-based litigation funders from operating in Ohio. The bills are sponsored by Sens. Steve Wilson (R) and George Lang (R) and Reps. Meredith Craig (R) and Jim Thomas (R).

“By limiting opportunistic public nuisance lawsuits and shedding light on third-party litigation financing, Ohio’s legislature is taking important steps to ensure the courts focus on legitimate claims rather than broad, unsubstantiated attacks,” Joyce said. “This approach preserves access to justice, while reducing unnecessary costs that weigh heavily on families and businesses.”

Reforms Could Bring Economic Relief

A recent report found that excessive tort costs in Ohio impose an annual “tort tax” of $1,370 per resident, or more than $5,480 for a family of four. These costs further contribute to the loss of more than 140,000 jobs statewide each year. The economic impact included an estimated $16.1 billion reduction in GDP and $829.1 million in lost state revenue.

“Excessive lawsuit abuse has a tangible cost for Ohio families and workers, taking a substantial toll on jobs, economic growth and state revenue,” Joyce said. “These reforms can lower that ‘tort tax’ burden and promote a healthier business climate to support Ohio’s economic future.”

ATRA’s Legislative HeatCheck report evaluates a select group of states’ progress — or lack thereof — in enacting meaningful tort reform measures during their most recent legislative sessions.

Ohio’s legislature is named to the “Heat Watch” list alongside both the California and Michigan state houses. The full Legislative HeatCheck report is available at heatcheck.atra.org.

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About the Legislative HeatCheck: The Legislative HeatCheck is an annual analysis, started in 2024 by the American Tort Reform Association, that assesses which states are making strides to improve their civil justice systems through tort reform and which states remain in dire need of legal reform. The report categorizes a select group of states into three groups:

• Tort Reform Trailblazers: States that have recently enacted key tort reform measures to rein in lawsuit abuse and improve their legal climates.
• Lawsuit Infernos: States whose legislatures are actively expanding liability and worsening their civil justice systems or failed to pass any meaningful legal reforms during their latest legislative sessions, leaving their civil justice systems mired in a litigious status quo.
• Heat Watch: States whose legislatures still are in session and are considering either positive or negative legislation. These states are placed on “Heat Watch” due to inaction on tort reform or the potential for liability-expanding legislation that could worsen their legal climates.

The Legislative HeatCheck provides an overview of tort reform battles waged in statehouses nationwide and serves as a guide for where reform efforts should be focused in the year ahead.