750
Opinion of the Court
It does not concern (1) an alternative way of curing the constitutional violation; or (2) a previously existing, independent legal basis for denying relief, see, e. g., McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business Regulation, 496 U. S. 18, 40-41; or (3) a well-established general legal rule, such as qualified immunity, that trumps the new rule of law, which general rule reflects both reliance interests and other significant policy justifications, see, e. g., Harlow v. Fitzgerald, 457 U. S. 800, 818; or (4) a principle of law that limits the principle of retroactivity itself, see Teague v. Lane, 489 U. S. 288. Hyde has offered no more than simple reliance as a basis for creating an exception to Harper's retroactivity rule and has conceded that Harper governs this case. Her concession means that she cannot prevail. Pp. 753-759.
68 Ohio St. 3d 240, 626 N. E. 2d 75, reversed.
Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, Souter, Thomas, and Ginsburg, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, post, p. 759. Kennedy, J., filed an opinion concurring in the judgment, in which O'Connor, J., joined, post, p. 761.
William E. Riedel argued the cause and filed briefs for petitioners.
Timothy B. Dyk argued the cause for respondent. With him on the brief was David J. Eardley.*
Justice Breyer delivered the opinion of the Court.
In Bendix Autolite Corp. v. Midwesco Enterprises, Inc., 486 U. S. 888 (1988), this Court held unconstitutional (as impermissibly burdening interstate commerce) an Ohio "tolling" provision that, in effect, gave Ohio tort plaintiffs unlimited time to sue out-of-state (but not in-state) defendants. Subsequently, in the case before us, the Supreme Court of
*Irene C. Keyse-Walker filed a brief for the Dalkon Shield Claimants Trust as amicus curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the State of Ohio by Lee Fisher, Attorney General, Richard A. Cordray, State Solicitor, and Simon B. Karas; and for Brown & Szaller Co., L. P. A., et al. by James F. Szaller, Robert A. Marcis, Larry S. Stewart, and Jeffrey R. White.
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