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Full-Text Articles in Law
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 …
The Constitutional Dimension Of A National Products Liability Statute Of Repose, Stephen J. Werber
The Constitutional Dimension Of A National Products Liability Statute Of Repose, Stephen J. Werber
Law Faculty Articles and Essays
Constitutional issues arise in regard to many aspects of tort and products liability reform legislation. This article argues that statutes of repose are unconstitutional, with emphasis on open courts or right to remedy (open courts) and equal protection provisions. These issues reflect economic concerns at both federal and state legislative levels that seek to advance strongly perceived public policy. These concerns, in turn, affect substantial substantive rights. Freedom from personal injury, the right to life and safety, reflects more than the mere economic concerns of either the injured party or the product manufacturer. The ability to seek redress for such …