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Full-Text Articles in Law
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 …
Bell V. Jet Wheel Blast: More Confusion In An Already Confused Area, Jeff Tillery
Bell V. Jet Wheel Blast: More Confusion In An Already Confused Area, Jeff Tillery
Louisiana Law Review
No abstract provided.
Federal Products Liability Legislation: Not The Cure For Worker's Compensation Ailments, Judith A. Schening
Federal Products Liability Legislation: Not The Cure For Worker's Compensation Ailments, Judith A. Schening
Northern Illinois University Law Review
An examination of the potential interaction between provisions in the proposed federal products liability legislation and existing state worker's compensation statutes, focusing on the resulting deviation from current law and the accompanying inequities to employers and their insurance carriers.
The Lemon And Its Rejection: Code Language And Its Misconstruction, Janet A. Flaccus
The Lemon And Its Rejection: Code Language And Its Misconstruction, Janet A. Flaccus
University of Arkansas at Little Rock Law Review
No abstract provided.
Lack Of Informed Consent In Medical Malpractice And Product Liability Cases: The Burden Of Presenting Evidence, David E. Seidelson
Lack Of Informed Consent In Medical Malpractice And Product Liability Cases: The Burden Of Presenting Evidence, David E. Seidelson
Hofstra Law Review
No abstract provided.
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 …