Tort law - products liability - Illinois imposes certificate of merit requirement on products liability actions - Civil Justice Reform Amendments of 1995, Pub. Act 89-7, sec. 15, s. 2-623, 1995 Ill. Legis. Serv. 224, 229-30 (West) (to be codified at ILL. COMP. STAT. ch. 735, s. 5/2-623)
Article Abstract:
Products liability reforms enacted in Illinois under the Civil Justice Reform Amendments of 1995 promise to be either ineffectual at reducing frivolous suits or burdensome on legitimate plaintiffs, depending on how the statute is interpreted by courts. The law caps damages, restricts some strict liability theories and requires submission of a certificate of merit from an expert. The certification requirement is particularly problematic because no guidance is given on how extensive the expert's report must be and because the burden will vary significantly based on the products liability theories being pleaded.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Constitutional law - abortion regulation - Ohio becomes the first state to ban a particular abortion procedure. - Act of June 28, 1995, Sub. H.B. No. 135, 1995 Ohio Legis. Serv. L-1562 (Baldwin) (to be codified at OHIO REV. CODE ANN. ss. 2305.11, 2307.51-.52, 2919.15-.18 (Baldwin))
Article Abstract:
Some provisions in the abortion laws passed in Ohio in 1995 were drafted to comport with US Supreme Court guidelines, but other provisions have not been addressed by the High Court. The complete ban on the use of the dilation and extraction method often needed for late-term abortions would appear to be unconstitutional because no exceptions are allowed. Procedural hurdles established for post-viability abortions when the mother's health is at risk would appear to meet constitutional standards. The changing composition of the Court may warrant a reconsideration of abortion issues.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Tort law - civil liability for criminal acts - Illinois expands civil liability of drug traffickers - Drug Dealer Liability Act, Pub. Act 89-293, 1995 Ill. Legis. Serv. 3156 (West) (to be codified at ILL. COMP. STAT. ch. 740, s. 57/I-85, 1994)
Article Abstract:
The Illinois Drug Dealer Liability Act does not promise to deter additional criminal activity because of the existence of criminal sanctions and other forfeiture provisions and is unjust because damages are not awarded in proportion to the extent of criminal activity. The Drug Dealer Liability Act allows recovery of damages to private parties and enforcement agencies for harm done by drug possession and trafficking. It will result in little additional compensation for victims and is likely to cause the misallocation of government resources through duplicative court action.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
User Contributions:
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