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In re Allied Chemical Corp.: 'Cause' for Celebration By Defendants?
Every first-year law student who takes a torts class learns about the crucial element of causation. It is 'black letter law' that an injured party must link, in some fashion, a manufacturer's allegedly defective or negligently made product to the harm alleged in order to recover damages.
Unfortunately for many defendants, ever-more complex lawsuits and tenuous theories of liability have threatened to bury this basic principle. Some courts have gone so far as to eliminate the causation link between a particular product and the harm alleged. See, e.g., K. Cailteux and B. Gibson, 'Designer Liability: A Trap for the Unsuspecting Manufacturer or Former Manufacturer,' Product Liability Law & Strategy (August 2007) (describing instances of liability for injuries not caused by a manufacturer's product).
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Bankruptcy Sales: Finding a Diamond In the Rough
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