IADC Amicus Briefs - Volume 87, Number 3.

• Date: 01 July 2020

The IADC amicus curiae program has been active in recent months. The following briefs were filed by the IADC since the last Defense Counsel Journal issue:

IADC Files Amicus Brief in Utah Supreme Court to Uphold Punitive Damage Waivers (6/17/2020)

Doterra Int'l, LLC v. Kruger, Case No.20191040-SC

The IADC filed an amicus brief in the Utah Supreme Court urging the Court to enforce the validity of preinjury punitive damages waivers. The plaintiff, Kruger, signed up for a doTerra program where she, among other things, signed a contract agreeing that doTerra would not be liable for punitive damages, and doTerra provided discounted products, sales support and a bonus compensation plan. She claimed personal injury while using a doTerra product and sought punitive damages. The IADC brief explains that the courts should uphold the parties' agreements. Further, pre-injury waivers should not be invalidated as a matter of law, but assessed on a case-by-case basis and upheld here. Thanks to John Anderson and Lauren E.H. DiFrancesco of Stoel Rives for an excellent brief.

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IADC Files Amicus Brief in Arizona Supreme Court to Urge the Court to Hear a...