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The Intrauterine Device: A Criticism Of Governmental Complaisance And An Analysis Of Manufacturer And Physician Liability, Walter Lee Mccombs, James F. Szaller
The Intrauterine Device: A Criticism Of Governmental Complaisance And An Analysis Of Manufacturer And Physician Liability, Walter Lee Mccombs, James F. Szaller
Cleveland State Law Review
It is difficult to understand how a product so intimately connected with a bodily function and presenting such a potential for serious harm was allowed on the market without pre-market clearances assuring that it had met at least minimum standards of safety. This development is especially distressing since there exists a governmental agency whose sole function is to protect the public interest in precisely this type of situation. Since the law of products liability should not deny a remedy to the unwary consumer whose reliance on the overzealous representations of the manufacturer ended in tragedy, this note will examine the …
Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven
Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven
Cleveland State Law Review
This article will examine four issues which the practitioner may face in handling litigation under Section 3109.09, which imposes liability on the parents of children who willfully damage the property of another: whether the statute extends to a "taking" of property; whether the term "parents" includes others who have custody and control of a minor; whether an insurance company as a subrogated plaintiff may maintain an action under the statute; and, finally, whether parents of the minor wrongdoer are provided with coverage under their homeowners policy in an action brought against them under Section 3109.09.
The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend: A Postscript, J. Patrick Browne
The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend: A Postscript, J. Patrick Browne
Cleveland State Law Review
For years the conflict of interest problem that occasionally arose out of the defense of an insured by his liability carrier denying coverage under the policy was, for the most part ignored. Now, within the last decade, it has surfaced as one of the most litigated questions in the field of insurance law. In the last issue of this Review, this author attempted an exegesis of Motorists Mutual Insurance Co. v. Trainor, then the latest pronouncement on the subject by the Supreme Court of Ohio. Soon after that article was published, the Supreme Court again addressed itself to the problem …
Product Liability: The Potential Liability Of The Advertising Agency, Stephen J. Werber, William L. Trombetta
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.