In Pari Delicto Is Alive and Well in Kansas

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​​​​​​​We don’t see the defense of illegality much in the product liability space, but when a plaintiff’s claims arises from his or her own illegal behavior, the illegality defense can be a powerful tool. We mention this now because a district court in Kansas recently applied the illegality defense to dismiss a case based on the decedent’s own illegal behavior….
By: Reed Smith
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Fourth District Court of Appeals Reverses Itself Regarding Application of the 2007 Medicare Part B Non-Facility Limiting PIP Claims and Certifies Conflict With the Third District Court of Appeals