Miscellaneous

Way-Back Machine

By Anne Skove, Esq.

We try not to be too Buckeye-centric, but it's hard not to be when the state supreme court has such a nifty website and a deft PIO who keeps the court news up-to-date. If only every place else were so fabulous!

This week Ohio's highest court upheld the state's 10-year statute of limitations on products liability claims, but also held that a plaintiff injured before the statute's creation need not meet that limit.

You're thinking "duh," but sometimes it takes a high court to institutionalize common sense. And, this is an interesting offshoot from our recent talk about retroactivity in other contexts. The lesson: except in extremely rare (criminal) cases in which Teague is invoked, state courts are now *the* arbiters of retroactivity.

For a thorough summary (sounds like an oxymoron, but take a look and you'll see) plus links, see Court Upholds Workers Comp Subrogation Law, 10-Year Time Limit for Suing Manufacturers, press release (February 21, 2008).

Full post as published by court-o-rama.org on February 22, 2008 (boomark / email).