Photo of Steven Boranian

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

Photo of Steven Boranian

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