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State and Local Government Law

Cleveland State Law Review

2005

Constitutional challenges

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Ohio's New Modified Joint And Several Liability Laws: A Fair Compromise For Competing Parties And Public Policy Interests, Clare Elizabeth Krumlauf Jan 2005

Ohio's New Modified Joint And Several Liability Laws: A Fair Compromise For Competing Parties And Public Policy Interests, Clare Elizabeth Krumlauf

Cleveland State Law Review

This Note contends that if Ohio insists on retaining some form of joint and several liability, the recently adopted modified version is a desirable alternative to returning to the pure form. As compared to the pure form, the modified version promotes a more balanced tort system and represents a fair compromise to the competing interests of both plaintiffs and defendants. Part II of this Note reviews the history of joint and several liability and examines Ohio's application of this legal doctrine. Part III looks at prior constitutional challenges to various tort reform measures, and analyzes these challenges in light of …