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    Thursday
    Feb212013

    From Conservative Court to Activist Court in One Decision

    When is a conservative court not a conservative court?  When it expands tort liability, apparently:

    Last month, in Wyeth v. Weeks, the Alabama Supreme Court adopted an aggressive new theory of tort liability that threatens to return Alabama to a litigation era so hostile to business and industry that the state was dubbed "Tort Hell."

    In Weeks, the Court held, over Justice Glenn Murdock's 46-page dissent, that "[u]nder Alabama law, a brand-name drug company may be held liable for fraud or misrepresentation...by a plaintiff claiming physical injury caused by a generic drug manufactured by a different company." Translation: In Alabama, a company can be held liable for injuries caused by the use of its competitors' products.

    From: Activist Alabama Supreme Court Radically Expands Tort Liability

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