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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 …
Attempted Cap On Punitive Damages Continues To Spark Debate, Susan J. Becker
Attempted Cap On Punitive Damages Continues To Spark Debate, Susan J. Becker
Law Faculty Articles and Essays
The debate surrounding federal product liability law has not been silenced by recent compromises reached by the House and Senate regarding appropriate boundaries for such laws. To the contrary, President Clinton's threatened veto of Congress's Common Sense Product Liability Reform Act of 1996 and continued opposition by the ABA Section of Litigation and other groups to parts of the Act guarantee that the 20-year-old debate will continue to rage.
Observations On Personal Injury Law, Stephen J. Werber
Observations On Personal Injury Law, Stephen J. Werber
Law Faculty Articles and Essays
When I originally came to Ohio in 1970, I was surprised to find that the Ohio state courts lagged considerably behind other states in the development of personal injury law and especially product liability law. Under the leadership of Chief Justice Frank Celebrezze, the court's position was re-oriented. With decisions adopting and liberally defining strict liability, the court took a major step. Shortly thereafter, the court ruled that neither the Ohio Constitution nor any Ohio legislation insulated an employer from liability to employees for intentional torts. These, and other changes, have moved Ohio to the forefront of legal development in …
Product Liability In The Sixth Circuit: 1984-1985, Stephen J. Werber
Product Liability In The Sixth Circuit: 1984-1985, Stephen J. Werber
Law Faculty Articles and Essays
The Sixth Circuit, as other federal courts, is deciding a growing number of product liability cases. The court has been required to carefully explore state substantive law in such complex areas as comparative fault and foreseeability. Several of the recent cases have required application of difficult facts to recognized legal principles. In the following article Professor Werber analyzes key decisions against applicable state law and suggests areas in which the court has applied that law in manners both consistent with, and contrary to, state law. Professor Werber is critical of the court's Erie determination that the Ohio Supreme Court would …