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Full-Text Articles in Law
Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber
Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber
Law Faculty Articles and Essays
Tort reform emanates, for our purposes, from two primary bodies: state judicial and legislative branches. The vast panoply of congressional and regulatory federal action that bears on the protections afforded and rights to recover for persons within their ambit is a subject for another day. Similarly, the rare areas in which the Supreme Court of the United States establishes federal common law are subjects for another day. On a national scale, the impetus for state legislative reform action can be found in a series of landmark decisions that were soon adopted, in largely similar form, by almost all state supreme …
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Law Faculty Articles and Essays
For more than a decade a war has been waged between forces seeking legislative reform of tort law, with emphasis on product liability, and the Ohio Supreme Court. The battleground has been the legislative enactments of the Ohio General Assembly. This legislation has faced consistent challenge before the court as a proper exercise of its power of judicial review. Time and time again the court's philosophical approach, predicated on a need to protect injured parties and guarantee compensation for harm, has led to determinations that given legislation fails constitutional scrutiny. In a real sense, the Court has become a super …
Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber
Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber
Law Faculty Articles and Essays
Ohio tort law is about to be changed in a dramatic and comprehensive manner. House Bill 350 will be enacted as a major piece of tort reform legislation with provisions substantially like those discussed herein. The vast majority of this legislative change is directed to areas of the law in need of change and the restoration of balance. Most of the proposed changes either raise no constitutional concerns or should be deemed in compliance with the Ohio Constitution. In a few areas, most notably statutes of repose and limitations on damages, the governmental need is weak, the effect drastic, and …
An Overview Of Ohio Product Liability Law, Stephen J. Werber
An Overview Of Ohio Product Liability Law, Stephen J. Werber
Law Faculty Articles and Essays
Enactment of the Ohio Product Liability Act (the “Act”), which took effect on January 5, 1988, created an exclusive statutory basis for all tort based product liability claims. The statute, while eliminating the term “strict liability in tort,” is primarily a codification of preexisting common law. The Act provides that product liability claims may be predicated on one of four theories: defects in manufacture or construction; defects in design or formulation; defect in warning or instruction, and failure to conform to representation. Each of these theories had previously been recognized by the courts. For example, the requirements for a cause …
Application Of The Discovery Rule To The Ohio Wrongful Death Statute, Edward J. Leonard
Application Of The Discovery Rule To The Ohio Wrongful Death Statute, Edward J. Leonard
Journal of Law and Health
The focus of this note will be on the statute of limitations applicable to the Ohio wrongful death statute. This statute requires that any claim for wrongful death be brought within two years of the date of death. Application of the discovery rule to the wrongful death statute would allow an action to be brought within two years of discovering that the death was the result of a wrongful act.
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 …
Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber
Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber
Law Faculty Articles and Essays
In June 1977 the Ohio Supreme Court decided Temple v. Wean United, Inc., and adopted the doctrine of strict liability for product liability litigation, thereby following a national trend. Earlier decisions had discussed a theory similar to strictly liability and had engendered considerable confusion as to the substantive theory supporting possibly recovery. Temple apparently ended the confusion.
Appellate Procedures In Workmen's Compensation Cases, James D. Kendis
Appellate Procedures In Workmen's Compensation Cases, James D. Kendis
Cleveland State Law Review
Workmen's compensation in the state of Ohio dates back to 1911 when the Ohio legislature enacted a voluntary Work- men's Compensation program. The legislation was soon tested in the courts and declared constitutional by the Ohio Supreme Court in the case of State ez rel. Yapel v. Creamer, the court finding that this type of "social" legislation was valid under the state police power. The legislature, in 1912, presented a constitutional amendment to the people of the State of Ohio for the purpose of establishing a formal Workmen's Compensation system which was adopted as Article II, Section 35.2 This section …