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Articles 1 - 9 of 9
Full-Text Articles in Law
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 …
The Strict Application Of The Restatement, Ohio Law And The Rules Of Civil Procedure: Estates Of Morgan V. Fairfield Family Counseling Center, Geoffrey M. Wardle, Jeffrey L. Mallon
The Strict Application Of The Restatement, Ohio Law And The Rules Of Civil Procedure: Estates Of Morgan V. Fairfield Family Counseling Center, Geoffrey M. Wardle, Jeffrey L. Mallon
Cleveland State Law Review
Considered by some in the mental health profession as the imposition of an onerous duty, the Ohio Supreme Court's decision in Estates of Morgan v. Fairfield Family Counseling Center represents an extension of the recognized legal duty imposed upon mental health practitioners who treat inpatients to those who treat outpatients. This created a uniform standard. The article begins in Part II by describing the story of a psychiatric patient, Matt Morgan. Part III then discusses the duty to control in the outpatient setting by going through traditional tort analysis, stare decisis, strict statutory application, and civil procedure. Part IV concludes …
Tis Better To Give Than To Receive: Charitable Donations Of Medical Malpractice Punitive Damages, Nicholas M. Miller
Tis Better To Give Than To Receive: Charitable Donations Of Medical Malpractice Punitive Damages, Nicholas M. Miller
Journal of Law and Health
The purpose of this Note is not to answer the question of how excessive medical malpractice and punitive damage awards are. Many highly respected scholars on different sides of the issue have spent large portions of their careers trying to resolve that issue without finding a common ground. This author does not boldly claim to provide an answer in this limited forum. This Note does, however, address a possible source of public frustration with the state of medical malpractice and punitive damages: the lack of a principled basis for the awards that juries give to the victims. The perception among …
Malpractice And Other Legal Issues Preventing The Development Of Telemedicine , Christopher Caryl
Malpractice And Other Legal Issues Preventing The Development Of Telemedicine , Christopher Caryl
Journal of Law and Health
Even though most Americans have not heard of telemedicine, the federal government is already actively involved in "developing a national telemedicine strategy." This note attempts to accomplish the following: demonstrate the urgent need of rural communities to gain access to adequate health care; clarify how telemedicine can provide enhanced health care to rural communities; and analyze the legal obstacles that have prevented, thus far, the most beneficial utilization of telemedicine. In particular, this note will examine how malpractice claims arising from telemedicine consultations might be resolved. An important issue to recognize at the outset, and one that consistently reappears throughout …
Airbag Products Liability Litigation: State Common Law Tort Claims Are Not Automatically Preempted By Federal Legislation , Stephen D. Lichtenstein, Gerald R. Ferrera
Airbag Products Liability Litigation: State Common Law Tort Claims Are Not Automatically Preempted By Federal Legislation , Stephen D. Lichtenstein, Gerald R. Ferrera
Cleveland State Law Review
This article addresses an important and recurring issue of federalism, and attempts to resolve the tensions that exist between federal and state laws in the context of recent automobile airbag litigation. The authors trace the evolution of the preemption doctrine as it relates to airbag litigation, and write further as to how manufacturers adapt, developing business and ethical strategies of compliance to concurrent state and federal regulation. Two recent important decisions involving no airbag litigation, Tebbetts v. Ford Motor Co. and Wilson v. Pleasant, are interpretive of two provisions of the Safety Act. The former case discussed a preemption clause, …
Ohio Tort Reform In 1998: The War Continues , Stephen J. Werber
Ohio Tort Reform In 1998: The War Continues , Stephen J. Werber
Cleveland State Law Review
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. This article discusses the two primary cases in which the court has won its war with the legislature by replacing the legislative words and intent with judicial interpretations. Part II begins the discussion with a look at the Carrel v. Allied …
Anderson V. St. Francis-St. George Hospital: Wrongful Living From An American And Jewish Legal Perspective , Daniel Pollack, Chaim Steinmetz, Vicki Lens
Anderson V. St. Francis-St. George Hospital: Wrongful Living From An American And Jewish Legal Perspective , Daniel Pollack, Chaim Steinmetz, Vicki Lens
Cleveland State Law Review
As advances in medical technology have kept people alive longer, the right to refuse life-sustaining treatment has taken on an even more crucial and urgent significance to dying patients and their families. While modern medicine may have learned to save lives, the lives it has saved are often severely diminished and filled with pain and suffering. Although the right to refuse life saving medical treatment is firmly embedded in our nation's laws, what to do when this right is ignored has not been firmly settled. The Anderson court answered this question by "splitting the difference." It affirmed Winter's right to …