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Articles 1 - 7 of 7
Full-Text Articles in Law
Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough
Surrogate Motherhood And Tort Liability: Will The New Reproductive Technologies Give Birth To A New Breed Of Prenatal Tort, Nancy Hansbrough
Cleveland State Law Review
It seems inevitable that new causes of action will evolve as more childless couples resort to the use of the new reproductive methodologies. The prenatal tort claims abounding in precedent today lay a firm foundation for the recognition of a new form of tort liability. This Note will first examine briefly the history of prenatal torts, and present the status of recovery today. The Note will then examine the history and current status of the doctrine of parent-child immunity in the United States. Concentrating on these two concepts, the nature of a tort claim by an injured child for prenatal …
Loosing The Shackles Of No-Fault In Strict Liability: A Better Approach To Comparative Fault, Nick Satullo
Loosing The Shackles Of No-Fault In Strict Liability: A Better Approach To Comparative Fault, Nick Satullo
Cleveland State Law Review
Products liability law in America has crossed a new threshold. The current trend toward comparative fault in strict products actions moves with such force that it is only a question of time before it assumes majority status. The fundamental question of what comparative fault means to products liability law has yet to be answered. Of the courts that have ruled on comparative fault and strict liability, none have offered elaborate rationales for their position; those in favor maintain that "equity" demands comparative fault, while those against stress that fault and strict liability are incapable of comparison. As this Note shall …
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Cleveland State Law Review
Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material …
The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers
The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers
Cleveland State Law Review
The costs associated with the disposal of toxic waste can be classified in two ways. The first category is made up of environmental losses such as the contamination of rivers, lakes, and ground water with the resulting destruction of aquatic life, wildlife, and vegetation and includes expenses incurred in cleanup. The second category is comprised of losses sustained by individuals and includes both property damage and physical injury resulting from direct or indirect contact with hazardous wastes. Injured individuals have two options in their pursuit of compensation: statutory and common law. This Article argues that statutory recourse is not only …
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Cleveland State Law Review
Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material …
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Asbestos: The Private Management Of A Public Problem, Harry H. Wellington
Cleveland State Law Review
Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material …
The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers
The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers
Cleveland State Law Review
The costs associated with the disposal of toxic waste can be classified in two ways. The first category is made up of environmental losses such as the contamination of rivers, lakes, and ground water with the resulting destruction of aquatic life, wildlife, and vegetation and includes expenses incurred in cleanup. The second category is comprised of losses sustained by individuals and includes both property damage and physical injury resulting from direct or indirect contact with hazardous wastes. Injured individuals have two options in their pursuit of compensation: statutory and common law. This Article argues that statutory recourse is not only …