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Cleveland State University

Journal

Cause of action

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Full-Text Articles in Law

Wrongful Birth And Wrongful Conception: A Parent's Need For A Cause Of Action, Mary B. Sullivan Jan 2000

Wrongful Birth And Wrongful Conception: A Parent's Need For A Cause Of Action, Mary B. Sullivan

Journal of Law and Health

The purpose of this note is to demonstrate the need for wrongful birth and wrongful conception claims. Arguments have been made that these claims should be combined into one cause of action. The rationale for this argument is that by combining the two claims, chaos in the courts will be reduced. This note will show the need to maintain these claims as separate from one another. This note also demonstrates the proper stance of the courts in rejecting the wrongful life cause of action. Part II of this note gives an overview of medical malpractice and the claims of wrongful …


Product Liability: The Potential Liability Of The Advertising Agency, Stephen J. Werber, William L. Trombetta Jan 1975

Product Liability: The Potential Liability Of The Advertising Agency, Stephen J. Werber, William L. Trombetta

Cleveland State Law Review

In the typical products liability action, there is generally a solvent manufacturer or seller from whom the injured party may recover. One could speculate that this is the major reason why no agency has ever been joined -but should not the agency be called to account where there is no other solvent defendant, or where other reasons prevent an effective action against the principals, or where justice demands a proper sharing of liability? The authors believe that this must be answered affirmatively, and that the potential for advertising agency liability does in fact exist.