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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 case of someone who passed away, allegedly as a result of inhaling intoxicating fumes (or “huffing”) from computer

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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 mention this now because a district court in Kansas recently applied the illegality defense to dismiss a case based on

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We have a weak spot for criminal cases.  We also have a weak spot for doom-scrolling,  inevitably provoked by the country’s insane politics over the last eight years.  And we have a weak spot for visiting nearby Delaware, home of tax-free shopping, excellent beaches, Dogfish Head Brewery, and judges who know corporate law.  We live

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Last year the HHS Office of Inspector General issues a “Special Fraud Alert” (“Alert”) concerning “Speaker Programs” – more usually known as continuing medical education (“CME”).  Since we believe that truthful commercial speech is First Amendment protected, seeing “fraud” bandied about like this caused us to take a look.  We’re well aware that for years

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Here’s another quasi-guest post by Reed Smith’s blogger-in-training Dean Balaes.  This one provides a critique of the scary Park doctrine, aptly described here as “Frankenstein’s Monster,” that allows imposition of criminal liability on corporate officers for illegality they didn’t even know about.

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In 1816, Mary Shelley and Lord Byron entered into a wager to

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We’ve blogged a number of times about how litigation funding arrangements involving personal injuries and mass torts collide with various ethical and statutory obligations owed by either the funders or the lawyers they fund.  These all involve United States litigation.  But when the New York Times reported on the questionable funding arrangements that have occurred