California Says No General Failure to Thwart Drug Use Claim
Today’s case isn’t about prescription drugs, but rather illegal drugs. More specifically, whether a user of illegal drugs can recover in a civil action against someone who failed to prevent the user...
View Article“ALI” Should Not Mean “Always Liability Increases” – Apportionment Misadventures
For several years, Bexis has served as an Advisor to the American Law Institute’s (“ALI”) Third Restatement of Torts, Intentional Torts to Persons project. These things, by their nature, take a long...
View ArticleAlways Liability Increases? – Don’t Mess With Texas!
Not too long ago we criticized a proposed “restatement” from the American Law Institute that sought to absolve plaintiffs who acted intentionally from having their conduct (such as stealing drugs,...
View ArticleIn Defense Of The Wrongful Acts Doctrine
Bexis has been an active member of the American Law Institute (“ALI”), particularly concerning the ALI’s ongoing projects involving the Third Restatement of Torts. Thus, regular blog subscribers have...
View ArticlePennsy Supreme Court Applies In Pari Delicto to Block Fentanyl Wrongful Death...
Santa dropped off an early Christmas present. It was not crafted by elves. It was drafted by the Pennsylvania Supreme Court (five of its seven members, anyway), and it is so good that it is a last...
View ArticleIn Pari Delicto Is Alive and Well in Kansas
We don’t see the defense of illegality much in the product liability space, but when a plaintiff’s claims arises from his or her own illegal behavior, the illegality defense can be a powerful tool. We...
View ArticleIn Pari Delicto Once More In Kansas
We write today with an update on a case applying the defense of illegality (or “in pari delicto”) to cut off product liability claims under Kansas law. Messerli v. AW Distributing, Inc. is the sad...
View ArticleAnother Opioid Addict Overdose Case Dismissed, Several Times Over
We don’t have much patience for litigation attempting to seek damages for drug addicts who injured or killed themselves through their illegal use of drugs. We’ve discussed several times how such...
View ArticleIn Pari Delicto By Any Other Name Would Still Be A Bar
A few years ago, we detailed the efforts of the plaintiffs’ bar to tweak the Restatement of Torts to decrease the chance that a suit for damages would be defeated because the plaintiff engaged in a...
View ArticleDoes The Supreme Court’s Decision On The Purdue Bankruptcy Signal An End To...
This is from the non-Dechert and non-Reed Smith side of the Blog. We are not bankruptcy lawyers. So, even though we are discussing a Supreme Court decision on the powers of a bankruptcy court, we are...
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