Distribution Agreement Doesn’t Show Conspiracy Between Manufacturer and Distributor

Conspiracy liability and other forms of vicarious liability are especially dangerous to manufacturers because of the risk of being held responsible for a product the company did not make or sell. Even when a company is in the chain of distribution, the prospect of being held responsible for another company’s conduct is daunting, especially when the defendant does not have access to the alleged conspirator’s employees or documents or other resources necessary to mount an effective defense. [4/28/15]