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I Lied Again - Supreme Court Update

Okay, I know I said I wasn't going to post anything until January 2, but the Ohio Supreme Court came down today with two decisions which essentially gave a lump of Christmas coal to the personal injury and criminal defense bars, while handing out shiny new bicycles to the insurance industry and county prosecutors.  In Arbino v. Johnson, the Court upheld certain provisions of the tort reform statutes passed by the General Assembly back in 2005, specifically, those capping non-economic damages at a maximum of $350,000, and those capping punitive damages at two times the compensatory damages.  And in State v. Crager, the Court reversed a 3rd District decision which had held that a DNA analyst's testimony about a test that had actually been performed by a different analyst was a "testimonial" statement under Crawford v. Washington.

I'll have more on both decisions next week.  Remember, our motto here at The Briefcase:  We read the cases so you don't have to.

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