Manning in Townhall: Legal Commerce is not a Nuisance

The activist judge is so invested in creating a unique nuisance legal precedent that he has attempted to bully pharmacies into settling cases where they have engaged in no wrong-doing. He has all but threatened them with potential bankruptcy if they do not settle. 

The American system of justice is predicated on some basic, easily understandable principles: an individual has the presumption of innocence; an individual has a right to face his/her accuser; an individual has the right to trial in front of a jury of his/her peers, and guilt is only established in a criminal trial when there is no reasonable doubt.

And under tort law, a person or company is supposed to be subject to liability only for wrongfully causing harm.

Pretty simple. If you wrongfully cause harm, you become liable for damages to those who you have been proven to harm. This protects legal manufacturers and retailers from liability if someone misuses that product either criminally or through negligence if the product is legal to manufacture and it is sold in a legal manner, and the product performs as designed.

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The Daily Torch is the featured publication of Americans for Limited Government, with opinion-based content dating back through 2008, dedicated to reducing the size and scope of government and maximizing individual freedom. Permission to republish original op-eds and cartoons granted.