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University of Toledo Law Review


Sixth Circuit, product liability, Ohio law, comparative negligence


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 not adopt comparative principles in strict liability actions. Nevertheless, he concludes that the court is performing fairly and that its judgments are generally consistent with those that would be reached by state courts.



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