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, deliberately taking someone else’s prescription), count as comparative fault in the lawsuits such plaintiffs frequently file against our clients. That particular proposal has been withdrawn
Pari delicto
“ALI” Should Not Mean “Always Liability Increases” – Apportionment Misadventures

By Bexis on
Posted in Pari delicto
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 time, but this particular project is drawing to a close. Unfortunately, however, the last part of the last section of the last draft…
California Says No General Failure to Thwart Drug Use Claim

By Michelle Yeary on
Posted in Pari delicto
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 from obtaining the drugs. While this is outside our usual field of focus, we have posted about the in pari delicto doctrine before…
The Opioid Epidemic – What Kind of a Problem Is It?

By Bexis on
Posted in Other, Pari delicto
New Mexico Wrongful Conduct Rule Shuts Down Opioid Case Against Pharmacist

By Stephen McConnell on
Posted in Pari delicto
New Mexico is called the Land of Enchantment, but when it comes to law it is the Land of You Can’t Make this Up. You might think it weird that New Mexico’s state constitution (Article VII, section 1) specifies that idiots aren’t allowed to vote, but maybe it’s the other 49 states that have it
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