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Tag: tort law

November 30, 2016

Causation, and not deep pockets, should dictate liability

Today we filed this amicus brief asking the California Supreme Court to overturn the flawed decision in T.H. v. Novartis, which would essentially impose never-ending tort liability on brand-name drug manufacturers for injuries caused by their generic counterparts.  By adopting an expansive theory of liability, the law threatens to drive up the cos ...

May 08, 2015

Texas Supreme Court: No tort liability for intentional misuse of a Genie lift

Today, the Texas Supreme Court held in Genie Industries v. Matak that when people intentionally misuse a product in a way that is obviously dangerous, the manufacturer is not liable for the injuries that inevitably result from that intentional misuse. PLF filed an amicus brief in the case. The case arose when a church in ...

December 12, 2014

Bare metal cannot cause asbestos-related diseases

Ronald Dummitt worked aboard Navy ships in the boiler rooms for two decades, during which time he was exposed to asbestos dust during the maintenance of valves and gaskets,  some of which were insulated with asbestos-containing materials.  Crane Co. manufactured some of the valves on which Dummit worked, none of which containing any asbestos what ...

November 21, 2014

Tort law remains a mess in Pennsylvania

Pity the Pennsylvania lawyers who practice tort law.  Or, pity their clients, who will be billed for their attorneys' time spent reading the Pennsylvania Supreme Court's 136-page magnum opus on strict liability law, issued yesterday in the form of a 4-2 opinion deciding Tincher v. Omega Flex, Inc.  A bloated law review article masquerading as ...

June 05, 2013

Limiting business owner liability for third party negligence and crimes

Today, PLF filed an amicus brief in the New Mexico Supreme Court defending business owners from ruinous tort liability.  The case, Rodriguez v. Del Sol Shopping Center, arose when Rachel Ruiz drove her pick-up truck to run errands.  Ruiz suffered from a seizure disorder and had been warned by doctors not to drive.  Nonetheless, Ruiz drove ...