We previously addressed the in pari delicto doctrine, whereby a plaintiff injured in the course of his or her criminal conduct cannot recover for those injuries.  We specifically examined this doctrine’s most common application in prescription medical product liability litigation – where the plaintiff is injured as a consequence of his or her illegal use

‘Pointing to the empty chair’ is a well-known defense trial tactic.  It allows the defendant to go on offense.  Maybe the plaintiff deserves some compensation, so the narrative goes, but the plaintiffs sued the wrong party.  If the jury believes that narrative, it might exonerate the defendant completely.  Or it might at least assign some