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Full-Text Articles in Law

Restatement Redux, Anita Bernstein Nov 1995

Restatement Redux, Anita Bernstein

Vanderbilt Law Review

American products liability buffs, who often have a predilection for history, may remember 1994 as a year of proclaimed harmonization, codification, and restatement. In April 1994 the American Law Institute released the first Council Draft of its Restatement (Third) of Torts: Products Liability. According to the Institute, "[p]roducts liability is highest in priority for reformulation" within the law of torts generally, "for it is socially important and technically complicated."' During the same year, the Republican party announced a Contract With America that promised national reform of products liability; after the November election, the new congressional majority attended promptly to the …


The Constitutional Dimension Of A National Products Liability Statute Of Repose, Stephen J. Werber Jan 1995

The Constitutional Dimension Of A National Products Liability Statute Of Repose, Stephen J. Werber

Villanova Law Review

No abstract provided.


An Overview Of Ohio Product Liability Law, Stephen J. Werber Jan 1995

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 …