No “neurobiological” stop on the Erie Railway

A serious car accident involving a texting driver led to a products-liability claim based on the human “neurobiological response” to a text message – “They alleged that the accident was caused by Apple’s failure to implement the [lockout mechanism] patent on the iPhone 5 and by Apple’s failure to warn iPhone 5 users about the risks of distracted driving. In particular, the plaintiffs alleged that receipt of a text message triggers in the recipient ‘an unconscious and automatic, neurobiological compulsion to engage in texting behavior.‘” The Fifth Circuit declined to extend Texas products law to this theory in this Erie case, recognizing an analogy to the development of dram-shop liability but ultimately finding that it weighed against recognizing this theory. Meador v. Apple, Inc., No. 17-40968 (Dec. 18, 2018).