Disentangling Choice Of Law For Torts And Contracts,
2015
Washington and Lee University School of Law
Disentangling Choice Of Law For Torts And Contracts, Rick Kirgis
Washington and Lee Law Review Online
In a federal system with state lines that are easily crossed, physically and electronically, legal disputes often raise choice-of-law issues. Common among those disputes are torts and contracts cases. The courts have taken a variety of approaches to these cases, leading to inconsistent results that depend largely on which forum the plaintiff selects. Judicial fairness and economy dictate, or should dictate, that the choice-of-law issues be resolvable consistently and without unnecessarily tying up the courts or imposing large litigation costs, if it can be done in a principled manner. This article shows how it could be done.
Strict Liability Comes Of Age In Ohio: Almost,
2015
The University of Akron
Strict Liability Comes Of Age In Ohio: Almost, Stephen J. Werber
Akron Law Review
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 strict liability and had engendered considerable confusion as to the substantive theory supporting possible recovery. Temple apparently ended the confusion.
A Case Of Judicial Chutzpah (The Judicial Adoption Of Strict Tort Products Liability Theory),
2015
The University of Akron
A Case Of Judicial Chutzpah (The Judicial Adoption Of Strict Tort Products Liability Theory), Morris G. Shanker
Akron Law Review
[O]ur courts in discovering strict tort have indeed acted in rather unusual ways: ways which, I believe, can be explained only by realizing that we are dealing with those who have just discovered the gospel, who have just heard a message from on High. Let me give you some specific examples.
Liability For Product Design In Ohio - A First Step Toward Solution,
2015
The University of Akron
Liability For Product Design In Ohio - A First Step Toward Solution, Edgar A. Strause, James H. Hedden
Akron Law Review
This article concerns an area of the law of strict liability in tort which is now emerging from an embryonic stage in Ohio - namely, a manufacturer's liability for conscious design choices in developing its product. It is the thesis of this article that in the recent case of Temple v. Wean United, Inc., the Ohio Supreme Court has taken a major step toward a solution to the inherent difficulties in passing judgment upon the reasonableness of a manufacturer's conscious design choices. In doing so, the court has simultaneously lessened the otherwise open-ended exposure of manufacturers to liability concerning …
Design Litigation And The State Of The Art: Terminology, Practice And Reform,
2015
The University of Akron
Design Litigation And The State Of The Art: Terminology, Practice And Reform, Edward T. O'Donnell
Akron Law Review
We suggest that rather than ignore these problems, or bemoan them ineffectually, the judiciary should accept the fact that the decision to venture into the area of scientific and technological controversy' carries with it a duty to reconcile the law with the essentials of the scientific method. Some courts already have begun to do so. For instance, suggestions that the manufacturer's obligation to design a safe product necessarily must be limited by the state of the art are common in negligence, warranty and strict liability decisions alike. Unfortunately these statements usually are dicta rather than holdings. Worse, the authors of …
The Products Liability Crisis: Modest Proposals For Legislative Reform,
2015
The University of Akron
The Products Liability Crisis: Modest Proposals For Legislative Reform, William P. Bivins Jr.
Akron Law Review
This article will attempt to identify some of the sources of the problems which are adversely affecting the system of products liability litigation and will offer proposals for reform within the framework of the law of products liability.
Products Liability: Toward Balancing The Scales,
2015
The University of Akron
Products Liability: Toward Balancing The Scales, Donald M. Jenkins
Akron Law Review
The evolution and application of products liability law continues to be one of the most dynamic developments in the law. This issue of the Akron Law Review is dedicated to presenting and exploring recent significant developments.
The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions,
2015
Touro University Jacob D. Fuchsberg Law Center
The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor
Touro Law Review
No abstract provided.
Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations,
2015
Touro University Jacob D. Fuchsberg Law Center
Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie
Touro Law Review
No abstract provided.
Tort Reform In Saudi Arabia: Obstacles And Solutions,
2015
Indiana University Maurer School of Law
Tort Reform In Saudi Arabia: Obstacles And Solutions, Othman Talbi
Maurer Theses and Dissertations
Saudi Law is based on the broad guidelines of Sharia. This means that religion forms the basis of all Saudi law. Thus, because of the absence of a statutory law in Saudi Torts Law, Sharia’ principles take the place of the statutes. Consequently, when deciding tort cases judges need to consider these principles by interpreting them, and then apply them to each case individually. Furthermore, due to economic improvement and industrialization in Saudi Arabia, the nature and type of legal issues have changed. Therefore, complex cases have emerged for which it is very important to produce a reform resolving new …
Strict Liability And Economic Harm In Ohio,
2015
The University of Akron
Strict Liability And Economic Harm In Ohio, Edward J. Howlett Ii
Akron Law Review
In Temple v. Wean United, Inc., the Ohio Supreme Court formally adopted section 402 (A) of the Restatement (Second) of Torts, thus recognizing in Ohio the Restatement's strict liability cause of action for injury caused by defectively manufactured products. Although the Restatement clearly states that recovery may be had in strict liability for personal injury and for property damage, there is debate over whether "economic loss" should be recoverable under the doctrine of strict liability. This comment will review existing case law to determine whether economic loss may be recovered from the manufacturer of a defective product under a …
Presumptions And Modal Logic: A Hohfeldian Approach,
2015
The University of Akron
Presumptions And Modal Logic: A Hohfeldian Approach, John P. Finan
Akron Law Review
The difficulty of distinguishing between an inference and a presumption, a difficulty that bedevils tort and evidence teachers, (see Appendix I) among others, may be dispelled by a study of the deontic nature of permissible inferences and presumptions. Using scholastic terminology, an inference is a function of the intellect, not the will. Therefore, deontic notions of permission and duty seem foreign to inference. However, deontic notions are legitimate, because the law, in assigning a fact finding function to judge and jury, uses deontic notions in assigning fact finding competence. Thus, the statement that an inference is not permissible means that …
Book Review: Lawsuit: By Stuart M. Speiser,
2015
The University of Akron
Book Review: Lawsuit: By Stuart M. Speiser, Lawrence P. Wilkins
Akron Law Review
The seven ages of a lawsuit are portrayed in new light through the lively prose of Mr. Speiser, as he tells the backstage stories in seven major tort cases in which he or members of his firm have participated during his distinguished career. More than just chronicled events observable by anyone, the author's stories reveal some of the thinking processes which turn the seven ages of a lawsuit into working tools in the resolution of controversies. More than just another collection of "stories-about-cases-the-author-has-won," the book is a discourse on the author's thesis that the American "trinity of torts" (jury trial, …
Liability Of Liquor Vendors For Injuries To Intoxicated Persons, Kemock V. Mark Ii,
2015
The University of Akron
Liability Of Liquor Vendors For Injuries To Intoxicated Persons, Kemock V. Mark Ii, Elinore Marsh
Akron Law Review
In an opinion anticipating, in part, the advent of the comparative negligence standard in Ohio, Kemock v. Mark II extends common law liability to include liquor vendors who serve already intoxicated patrons who injure themselves and whose injury is the proximate result of continued alcohol consumption. Relying upon an earlier Ohio Supreme Court decision and a California Supreme Court case, the Court of Appeals of Ohio recognizes liability for vendor negligence which damages the drinker. The test for recovery is one not previously applied in cases of this sort in Ohio; one which measures liability by balancing degrees of each …
The Case Against Strict Liability Protection For New Home Buyers In Ohio,
2015
The University of Akron
The Case Against Strict Liability Protection For New Home Buyers In Ohio, Karen Doty
Akron Law Review
In Ohio, home buyers have several means available to protect their investment and assure themselves of getting their money's worth. First, and foremost, the Ohio courts, while not mandating either implied warranties of habitability or strict liability, have offered some protection to the consumer in holding builders to a standard of workmanship commensurate with that prevailing in the trade locally. Ohio courts also recognize collateral covenants with regard to construction that do not merge with the deed when title is transferred.
Comparative Negligence In Ohio: Prospective Or Retrospective Application,
2015
The University of Akron
Comparative Negligence In Ohio: Prospective Or Retrospective Application, Beth Whitmore
Akron Law Review
Under Revised Code § 2315.19, the contributory negligence of the plaintiff is no longer an absolute bar to recovery. Only where a plaintiff's fault is greater than that of all defendants combined is that plaintiff precluded entirely from recovery. Thus under the new Ohio statute, the possibility of recovery for the negligent plaintiff is significantly enhanced while at the same time liability exposure of the defendant is proportionately enlarged. It is therefore of critical importance to determine whether such an alteration in the relative rights of litigants is constitutional.
Ohio Supreme Court Symposium,
2015
The University of Akron
Ohio Supreme Court Symposium
Akron Law Review
During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.
Torts In Sports - "I'Ll See You In Court!",
2015
The University of Akron
Torts In Sports - "I'Ll See You In Court!", John F. Carrol
Akron Law Review
This comment analyzes violence in the major professional sports of football, hockey, basketball, and baseball and the inability of the internal control systems of the various sports leagues to adequately control incidents of excessive violence. Judicial redress should be available for injuries resulting from acts committed outside of the rules of the game. The possible theories of recovery and applicable defenses to liability will be analyzed. Criminal liability also will be considered along with recently proposed congressional bills which advocate civil and criminal penalties for excessively violent acts in professional sports.
Sovereign Immunity For Political Subdivisions,
2015
The University of Akron
Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline
Akron Law Review
The Ohio Supreme Court continued in 1983 to expand and define its abrogation of the doctrine of sovereign immunity for municipal corporations and political subdivisions. The court's decisions in this area have resulted in a significant increase in tort liability for local governments and school districts, who may now be found liable for tortious acts in the same manner as private individuals.
Judicial Application Of Ohio's Comparative Negligence Statute,
2015
The University of Akron
Judicial Application Of Ohio's Comparative Negligence Statute, Michael J. Olah, Paul F. Meyerhoefer
Akron Law Review
In the case of Wilfong v. Batdorf the Ohio Supreme Court reexamined the issue of the retroactive application of Ohio's comparative negligence statute. Ohio's statute abolishing the defense of contributory negligence in a tort action was passed with an effective date of June 20, 1980, and the court faced the task of deciding whether comparative fault measurements could be used in an action arising prior to the effective date of the statute, but not coming to trial until after the effective date of the act. Previously the court had the opportunity to examine this issue in the case of Viers …
