Opening Arguments Opening Arguments

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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