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Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill
Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill
Law Faculty Articles and Essays
This symposium issue of the Cleveland State Law Review publishes the papers that were presented at a conference marking the bicentennial of the Ohio Constitution. That conference, held here at Cleveland-Marshall College of Law in April 2003, examined the history and assessed the vitality of our state constitution. The conference was conceived and its planning was supervised by our Dean, Steven H. Steinglass, who has devoted significant scholarly attention to the Ohio Constitution. In light of my own endeavors in state constitutional law, both as a lawyer and as a scholar, I gladly assisted Dean Steinglass in organizing the conference. …
Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber
Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber
Law Faculty Articles and Essays
Tort reform emanates, for our purposes, from two primary bodies: state judicial and legislative branches. The vast panoply of congressional and regulatory federal action that bears on the protections afforded and rights to recover for persons within their ambit is a subject for another day. Similarly, the rare areas in which the Supreme Court of the United States establishes federal common law are subjects for another day. On a national scale, the impetus for state legislative reform action can be found in a series of landmark decisions that were soon adopted, in largely similar form, by almost all state supreme …
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Law Faculty Articles and Essays
For more than a decade a war has been waged between forces seeking legislative reform of tort law, with emphasis on product liability, and the Ohio Supreme Court. The battleground has been the legislative enactments of the Ohio General Assembly. This legislation has faced consistent challenge before the court as a proper exercise of its power of judicial review. Time and time again the court's philosophical approach, predicated on a need to protect injured parties and guarantee compensation for harm, has led to determinations that given legislation fails constitutional scrutiny. In a real sense, the Court has become a super …
Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber
Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber
Law Faculty Articles and Essays
Ohio tort law is about to be changed in a dramatic and comprehensive manner. House Bill 350 will be enacted as a major piece of tort reform legislation with provisions substantially like those discussed herein. The vast majority of this legislative change is directed to areas of the law in need of change and the restoration of balance. Most of the proposed changes either raise no constitutional concerns or should be deemed in compliance with the Ohio Constitution. In a few areas, most notably statutes of repose and limitations on damages, the governmental need is weak, the effect drastic, and …
An Overview Of Ohio Product Liability Law, Stephen J. Werber
An Overview Of Ohio Product Liability Law, Stephen J. Werber
Law Faculty Articles and Essays
Enactment of the Ohio Product Liability Act (the “Act”), which took effect on January 5, 1988, created an exclusive statutory basis for all tort based product liability claims. The statute, while eliminating the term “strict liability in tort,” is primarily a codification of preexisting common law. The Act provides that product liability claims may be predicated on one of four theories: defects in manufacture or construction; defects in design or formulation; defect in warning or instruction, and failure to conform to representation. Each of these theories had previously been recognized by the courts. For example, the requirements for a cause …
Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber
Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber
Law Faculty Articles and Essays
In June 1977 the Ohio Supreme Court decided Temple v. Wean United, Inc., and adopted the doctrine of strict liability for product liability litigation, thereby following a national trend. Earlier decisions had discussed a theory similar to strictly liability and had engendered considerable confusion as to the substantive theory supporting possibly recovery. Temple apparently ended the confusion.