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Full-Text Articles in Law
Sanctions Or Tort? A Review Of Ohio's Treatment Of Independent Causes Of Action For Spoliation Of Evidence, Justin J. Hawal
Sanctions Or Tort? A Review Of Ohio's Treatment Of Independent Causes Of Action For Spoliation Of Evidence, Justin J. Hawal
Cleveland State Law Review
The Note that follows will explore the different variations of independent torts for spoliation as well as various policy arguments used by supporters and critics of the torts. Specifically, Section II of this Note will explore the history behind the recognition of independent torts for spoliation. Section III will explain the traditional remedies courts have used to combat spoliation of evidence, and Section IV will detail the various forms of the spoliation tort. Section V of this paper will examine various policy arguments employed by supporters and detractors of the torts. Section VI will examine Ohio’s treatment of the various …
Driving Through The Dense Fog: Analysis Of And Proposed Changes To Ohio Tortious Interference Law, Eric P. Voigt
Driving Through The Dense Fog: Analysis Of And Proposed Changes To Ohio Tortious Interference Law, Eric P. Voigt
Cleveland State Law Review
This Article summarizes and analyzes each element of a claim for tortious interference with a contract or a business relationship under Ohio law. It argues that certain conduct should constitute tortious interference and that other conduct should not. Although my Article focuses on Ohio law, it has a national application. The Article argues that the law of tortious interference should be developed to further competition, to protect the contractual rights of parties, and to encourage freedom of action for the alleged interferer. This Article (1) discusses when businesses and competitors may lawfully interfere with the contracts or business relationships of …
Nursing Home Tort Reform And Ohio House Bill 412: Why Have We Abandoned Our Neglected And Abused Elderly Population, Robin P. Bravchok
Nursing Home Tort Reform And Ohio House Bill 412: Why Have We Abandoned Our Neglected And Abused Elderly Population, Robin P. Bravchok
Cleveland State Law Review
This Note will show that nursing home tort reform statutes, like Ohio's, have totally missed the mark by disregarding our elders' rights and ignoring the problem of abuse and neglect in nursing facilities. Part II of this Note will look at our nation's elderly population and the poor state of our country's nursing homes. Part III will briefly look at Florida's lawsuit reform act that was passed in May of 2001. Florida, with its large elderly population, was plagued by increasing insurance costs allegedly due to rising litigation and damage awards. Its new law, which has led to strict reductions …
Cutting Through The Confusion Of The Loss-Of-Chance Doctrine Under Ohio Law: A New Cause Of Action Or A New Standard Of Causation, George J. Zilich
Cutting Through The Confusion Of The Loss-Of-Chance Doctrine Under Ohio Law: A New Cause Of Action Or A New Standard Of Causation, George J. Zilich
Cleveland State Law Review
The central argument advanced in this Note is that a loss of chance should be recognized as an independent injury. This approach best serves the policy of the new loss of chance doctrine, and it avoids the very significant doctrinal problems that arise if the alternative approach is taken, which is to treat the compensability of lost chances as merely a relaxation of traditional tort law causation requirements. The primary focus of this Note is on the loss of a less-than-even chance of recovery or survival, wherein a victim will be entitled to damages resulting from the negligent reduction of …
Ohio's Employment Intentional Tort: A Workers' Compensation Exception, Or The Creation Of An Entirely New Cause Of Action, Marc A. Claybon
Ohio's Employment Intentional Tort: A Workers' Compensation Exception, Or The Creation Of An Entirely New Cause Of Action, Marc A. Claybon
Cleveland State Law Review
This note will begin with a review of the history of workers' compensation in Ohio, including the development of the exclusive remedy provision. Next, this note will discuss the types of injuries normally compensated by the Ohio Workers' Compensation Act, followed by an analysis of the Ohio Supreme Court cases and legislation creating an intentional tort exception in Ohio. Finally, this note will critique newly enacted Revised Code section 2745.01, discuss the severe problems associated with an expansive interpretation of the statute, and suggest that continuing legislative reform is needed in this area of law.
An Overview Of Ohio Product Liability Law, Stephen J. Werber
An Overview Of Ohio Product Liability Law, Stephen J. Werber
Cleveland State Law Review
Although claims predicated on harm caused by defective products sounding in warranty and negligence, aided and abetted by the doctrine of res ipsa loquitur, existed well before the twentieth century, product liability as we now know it was initially foreshadowed in Ohio in the seminal case of Rogers v. Toni Home Permanent Co. Shortly after the true product liability revolution began, Ohio joined the revolution with the adoption of strict liability in warranty without privity in Lonzrick v. Republic Steel Corp. The Ohio Supreme Court then recognized that this approach to strict liability was no different from the more recognized …
Legal Malpractice In Ohio, John C. Nemeth
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 …
The Rise And Fall Of Sovereign Immunity In Ohio, Frank D. Celebrezze, Karen B. Hull
The Rise And Fall Of Sovereign Immunity In Ohio, Frank D. Celebrezze, Karen B. Hull
Cleveland State Law Review
The doctrine of sovereign immunity for municipal corporations has long reigned in Ohio. Although the judiciary and the General Assembly have imposed limitations, the doctrine has survived as a principle of Ohio law for over 140 years. However, the Supreme Court of Ohio reversed the trend and abrogated the doctrine in a series of cases in December 1982 and in the spring of the 1983 term. This comment examines the historical development of sovereign immunity for tort claims in Ohio, the limitations subsequently imposed on the immunity and its abrogation in those recent supreme court cases.
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Cleveland State Law Review
The decision thus promulgates three principal rulings: (1) that sovereign immunity does not provide a bar to bringing an action against the State of Ohio, (2) that the state is liable by virtue of the doctrine of respondeat superior for the authorized activities of its officers, employees and other agents, and (3) that freedom of individual agents from civil liability arising out of authorized activities for the state is retained. The effects of these rulings are far from obvious, in large part because of the confused prior state of the law upon which they are engrafted. Furthermore, the grounds given …