Can You Sue a Drug Company When You Don't Know Which One Made the Pill?
Oct 19, 2026 · 51m
Summary
Opening Arguments discusses two landmark tort cases where individuals successfully sued major corporations. Hosts Thomas and Janessa analyze the 1980 California case establishing "market share liability," which allows plaintiffs to sue multiple drug manufacturers for DES-related cancer when the specific producer is unknown. They also examine a 1998 Texas case against Mobile (ExxonMobil), where the company was found grossly negligent for exposing contract workers to benzene and withholding protective gear. The episode highlights how courts adapted legal doctrines to hold large companies acco…
Topics discussed
Rubrik: Agentic cyber resilience platform
Underdog ad: Release your dog
Benzene exposure and cancer liability intro
Legoland trip and fear of heights
Little guy wins: ExxonMobil and Eli Lilly
Election day safety: SALUTE acronym
Patreon support and election hang
Sponsors: Phone, Roe, OnDeck, Guiding Stars
Declining lawsuit stats and tort reform
DES drug case: Generic manufacturer issue
Joint and several liability and Summers v. Tice
Market share liability doctrine explained
Sponsors: Carvana, Roe, OnDeck, Guiding Stars
Eli Ellender v. Mobile: Gross negligence
Mobile's knowledge of benzene risks
Sponsors: Roe, OnDeck, Guiding Stars
Settlement credits and punitive damages
Outro and show credits
Underdog and Guiding Stars ads
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