Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

1992

Torts

Cleveland State Law Review

Articles 1 - 2 of 2

Full-Text Articles in Law

Section 1983 And The Collateral Source Rule, Linda L. House Jan 1992

Section 1983 And The Collateral Source Rule, Linda L. House

Cleveland State Law Review

This note examines the different approaches to the application of the collateral source rule among federal and state courts entertaining §1983 actions and the principles which should be applied by courts to resolve the choice of law problem raised by the rule. The first section discusses the common law collateral source rule and recent state legislative alterations and abrogation of it. The second section explores current applications of the collateral source rule in federal and state courts entertaining §1983 actions. The third section suggests principles which should guide courts in their applications of the collateral source rule. This section further …

Go to article

Legal Malpractice In Ohio, John C. Nemeth Jan 1992

Legal Malpractice In Ohio, John C. Nemeth

Cleveland State Law Review

This article will discuss the fundamentals of a legal malpractice case, specifically addressing two areas. The first involves the elements of a legal malpractice case. This discussion will expose two problems that continually appear in legal malpractice litigation: (1) expanding the liability of an attorney to third parties, and (2) determining whether the alleged malpractice was the proximate cause of the plaintiff's injuries. The second area of discussion will focus on the time limitations imposed for bringing a legal malpractice action. Additionally, in order to better understand the current state of the law, a brief discussion illustrating the historical development …

Go to article