Lexisnexis Ohio - PDF by kxd17152

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Lexisnexis Ohio document sample

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									                      2005
                Ohio Tort Reform
           Sample Searches on
 the LexisNexis® service at www.lexis.com

I.      Find all the different versions of Ohio Senate Bill 80.
II.     Find Ohio newspaper articles discussing tort reform from the previous 2 years.
III.    Find case law discussing the limiting of damages as unconstitutional.
IV.     Research the constitutionality of punitive damages in Matthew Bender’s treatise
        Punitive Damages: Actions, Defenses, and Damages.
V.      Retrieve information on pleading special damages in personal injury actions.
VI.     Search the Ohio Jury Instructions for instructions on punitive damages.
VII.    Find information on the liability of drug manufacturers.
VIII.   see how the courts previously handled the assumption of the risk defense in products
        liability cases.
IX.     Research how to handle a lead paint claim with Matthew Bender’s A Guide to Toxic
        Torts.
X.      Find articles from the last six months from Mealey’s Tort Reform Update.
XI.     See past Jury Verdicts where Pain and Suffering was larger than $350,000.
XII.    Find newspaper articles on how other states legislatures are handling tort reform
        specifically capping pain and suffering and punitive damages.
XIII.   Find Law Review articles discussing tort reform.




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                                   Ohio Tort Reform 2005

Sample Searches on LexisNexis at www.lexis.com:

   I.   To pull up the all the different versions of Ohio Senate Bill 80:
   1.   Click on Get a Document.
   2.   Type 2003 Bill Text OH SB 80
   3.   Click Get

   Note: You will get 6 documents. This pulls up all the different versions from the first
   introduced version in the Senate to the enacted version. The first document is the enacted
   version.

   When viewing one of the Bill documents, click on the link for the bill tracking report 2003
   Bill Tracking OH SB 80.


   II. To read Ohio newspaper articles discussing tort reform from the previous 2 years:
   1. At the Look for a Source page, click on Ohio under States Legal – U.S.
   2. Next click on Ohio News Publications under the General News & Information folder.
   3. Type hlead(tort reform) in the Search terms field and Select Previous 2 Years in the
       Restrict by Date field.
   4. Click Search.


   III. To view case law discussing the limiting of damages as unconstitutional:
   1. At the Look for a Source page, click Federal and State Cases, Combined.
   2. Type unconstitutional /10 restrict! or limit! or cap! /10 general damages or punitive
        damages or pain suffering or noneconomic damages or non-economic damages in
        the Enter Search Terms box.
   3. Click Search.
   4. Use Focus to restrict your search results to just Ohio cases.
   5. In the FOCUS Terms field at the top right of screen, move the cursor to the end of the
        original search terms and type and court(ohio).
   6. Click Go.
   NOTE: The issue of capping damages is discussed in the pamphlet. Morris v. Savoy, 61
   Ohio St.3d 684, mentioned in the pamphlet under Section A -- Non-Economic Damages, is
   the second case in the search results.


   IV. To further research the constitutionality of punitive damages, look at Matthew Bender’s
   treatise Punitive Damages:


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1. At the Look for a Source page, click the Matthew Bender folder under the Secondary
   Legal heading.
2. Next click By Area of Law and select the Torts folder.
3. Scroll down and choose Punitive Damages
4. Click Browse TOC
5. Expand + Chapter 3 The Constitutionality of Punitive Damages
6. Click on Section 3.12 Constitutional Attacks on Punitive Damages Limitations.


V. Retrieve information on pleading special damages in personal injury actions by
searching Matthew Bender’s Ohio Forms of Pleading and Practice:
1. At the Look for a Source page, select Ohio under the States Legal – U.S. heading.
2. Click Ohio Forms of Pleading and Practice under the Treatises & Analytical Materials
    heading.
3. Type section(special damages and personal injury)
4. Click Search.


VI. To search the Ohio Jury Instructions for instructions on punitive damages:
1. At the Look for a Source page, select Ohio under the States Legal – U.S. heading.
2. Click Ohio Jury Instructions, Combined under the Jury Instructions & Verdicts
    heading.
3. Type section(punitive damages) in the Enter Search Terms field.
4. Click Search.


VII.To get information on the liability of drug manufacturers, browse Matthew Bender’s
   Personal Injury – Actions, Defense, Damages:
1. At the Look for a Source page, select Matthew Bender under the Secondary Legal
   heading.
2. Select By Area of Law and then choose Torts.
3. Click Personal Injury: Actions, Defenses, Damages.
4. Click Browse TOC.
5. Expand + Part 12 Discharge of Liabilities to Electricity.
6. Expand + 52 DRUGS AND DRUGGISTS.
NOTE: This search corresponds with Sections M, N and O in the pamphlet.


VIII. To see how the courts previously handled the assumption of the risk defense in
     products liability cases:
1. At the Look for a Source page, click Ohio under the States Legal – U.S. heading.
2. Click OH Federal & State Cases, Combined.
3. Type product liability and assumption of risk and strict liability in the Enter Search
   Terms box.
4. Click Search.
NOTE: This search corresponds with Section R -- Assumption of Risk Defense is
Expanded, in Anderson’s 2005 Ohio Tort Reform Legislation pamphlet.



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IX. To research further how to handle a lead paint claim, use Matthew Bender’s A Guide to
     Toxic Torts:
1. At the Look for a Source page, click the Matthew Bender folder under the Secondary
    Legal heading.
2. Select By Area of Law and then choose Torts.
3. Click on A Guide to Toxic Torts.
4. Click Browse TOC.
5. Scroll down and expand + Chapter 30 How to Handle a Lead Poisoning Case
NOTE: This search corresponds with Section Z -- Landlords and Lead Paint, in the
pamphlet.


X.   To read articles from the last six months from Mealey’s Tort Reform Update:
1.   Click on the Mealey Reports & Conferences link under the Secondary Legal folder.
2.   Select Mealey’s Litigation Reports.
3.   Scroll down and click on the source Tort Reform Update: Mealey’s Litigation Report.
4.   Select Previous 6 Months in the Restrict by Date field.
5.   Click Search.


XI. To see past Jury Verdicts where Pain and Suffering was larger than $350,000:
1. At the Look for a Source screen, click on States Legal -- U.S > Ohio.
2. Click on OH Trial Reporter under the Jury Instructions & Verdicts folder.
3. Type result > 350000 and result(pain or suffering) in the Enter Search Terms box.
4. Click Search.


XII.        To read newspaper articles on how other states legislatures are handling tort
reform specifically capping pain and suffering and punitive damages:
1. Click on the News & Business Tab.
2. Click on Major Publications
3. Type state /3 legislation or congress or assembly or senate or house /10 restrict! Or
    limit! or cap! /10 punitive damages or pain suffering or noneconomic damages or
    non-economic damages in the Enter Search Terms box.
4. Select Previous 2 Years in the Restrict by Date field.
5. Click Search.


XIII. To find Law Review articles discussing tort reform:
1. At the Look for a Source screen, click on Law Reviews & Journals under the Secondary
   Legal folder.
2. Click US Law Reviews and Journals, Combined.
3. Type title(tort reform) in the search terms box, then select Previous 2 Years in the
   Restrict by Date field.
4. Click Search.




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