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.