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A National Product Liability Statute Of Repose - Let's Not, Stephen J. Werber
A National Product Liability Statute Of Repose - Let's Not, Stephen J. Werber
Law Faculty Articles and Essays
Despite the failure of the 104th Congress to override President Clinton's veto and enact the Common Sense Product Liability Legal Reform Act, there is little doubt that such an Act will be passed by the 105th Congress. Uniform national laws concerning product liability are necessary, can be enacted consistent with Congressional authority, and should be enacted at the earliest possible time. A balanced Act, recognizing the need to protect injured consumers while providing necessary protection to product manufacturers and distributors, can be drafted. Such an Act could include provisions that abolish the consumer expectancy test for design defect litigation, reject …
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 …
Lovewell V. Physicians Insurance Co.: Personal Liability For Prejudgment Interest, Karin M. Mika
Lovewell V. Physicians Insurance Co.: Personal Liability For Prejudgment Interest, Karin M. Mika
Law Faculty Articles and Essays
This article looks at the Supreme Court of Ohio's decision in Lovewell v. Physicians Insurance Co. and the variety of issues and unanswered questions the decision presents relating to insurance law. First, it may no longer be assumed that the insurer acts in tandem with the insured when the insurer is defending a suit brought against the covered individual. Secondly, the Lovewell decision seems to be contrary to one of the basic tenets of insurance law – that an insurance contract must be construed liberally in favor of the insured and strictly against the insurer. Third, the decision gives insureds …