IADC Amicus Briefs - Volume 87, Number 3.

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 Case that Would Unwisely Expand the Negligence Per Se Doctrine (6/15/2020)

Wing v. U-Haul Int'l, Inc., Case No. CV-20-0081-PR

The IADC filed an amicus brief in the Arizona Supreme Court urging the Court to grant review in a case where the Court of Appeals improperly expanded the negligence per se doctrine. In Arizona, the "actual rule on the negligence per se doctrine is that unless the statute is construed to impose an absolute duty, its violation may be excused." Here, the plaintiffs were injured in Arizona and alleged the truck and a tow dolly they rented violated an Arizona law allegedly requiring brakes on the tow dolly. The plaintiffs rented the truck and tow dolly in Oregon, though, which did not have such a law. Further, the Arizona law was ambiguous as to whether it even applied to tow dollies. Accordingly, the jury found the negligence per se claim was excused. The Court of Appeals then limited the doctrine's exceptions, making it a rigid test that would not allow for such exceptions. The Arizona Chamber of Commerce joined IADC on the brief. Thank you to Jessie Zeigler of Bass Berry & Sims, PLC and Elizabeth Fitch of the Righi Fitch Law Group on an excellent brief.

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IADC Files Amicus Brief in Tennessee Supreme Court Opposing Use of State Drug Dealer Liability Act Against Pharmaceutical Companies...