Lyft, Uber lash out at legal threat from strict Texas abortion law

Re:Lyft, Uber lash out at legal threat from strict Texas abo... by commoner on Saturday September 04, 2021 @06:15PM (#28419855)

Anyone can be sued for any infraction of the law, but to establish that a defendant is "aiding and abetting", it needs to be shown that the defendant was aware that the offense would be committed:

https://en.wikipedia.org/wiki/Aiding_and_abetting#United_Sta...

However, since this law leaves the defendant liable for legal fees, it could be used to financially harm any defendant whether or not the allegation has merit.

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Re:Lyft, Uber lash out at legal threat from strict Texas abo... by paulgb on Saturday September 04, 2021 @06:35PM (#28419998)

That's for a specific provision of criminal law, but SB8 creates a civil liability even when the person did not know that the abortion being performed is illegal:

“regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter”

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Re:Lyft, Uber lash out at legal threat from strict Texas abo... by commoner on Saturday September 04, 2021 @06:53PM (#28420108)

Ah, thanks for the correction.

> Civil liability for aiding and abetting, however, represents a very underdeveloped theory within common law tort. Courts have stated, seemingly in jest, that precedents in this area of law are "largely confined to isolated acts of adolescents in rural society."

https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?a...

Looks like uncharted waters.

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