Comments on: Illinois high court nixes collective-geographic-liability law on drug overdoses

By: gasman

gasman — Thu, 11 Apr 2019 17:19:42 +0000

Apportionment by market share might make sense in highly selective situations where guilt is established for each member of the groups from which a proportionate claim might be made.

The legislature seems to be moving forward with the conclusion that guilt is foregone and that trial to establish guilt is perfunctory.
But how does one go about defending such a case in the first place when there are a number of corporate defendants, with disparate interests. A financially flush company with little market exposure might be looking to settle quick, while a smaller company but with a larger share of that particular drug, might be looking for very different defense strategy. Just how can a collective of defendants be brought to trial at once?

By: Canvasback

Canvasback — Thu, 11 Apr 2019 17:04:42 +0000

The MDDLA . . ., not this result. Dang.

By: Canvasback

Canvasback — Thu, 11 Apr 2019 16:20:10 +0000

This result fits right in with the federal interpretations of the commerce clause. Growing wheat or selling pills are subject to broad civil authority. It’s always the freelancers who cause the problems. But a bushel is a bushel and a pill is a pill no matter where it comes from. That seems to be the law.