State Agency Liability

Don’t have your first dose of the COVID vaccine yet? We are offering vaccinations in your building! Enter for your chance to win a free funeral...

However, more recently, the number of excess deaths has been higher than the number of deaths due to COVID-19, and these deaths are affecting younger populations, suggesting that other factors, including possible indirect impacts of the pandemic, are now at play.

This author just remembered an exquisitely relevant article from Université de Sherbrooke entitled Crowning Glory: Liability in Negligence of Public Authorities which reviews relevant case law for going after "public authorities" and other such "state actors".

The section on reshaping public authority liability is technically obiter, but it represents a strong and elegant challenge to a prevailing orthodoxy that provokes regular grumbles. I should add that this decision is further evidence of an “underground market in legal ideas“..