Yale fraternity sued over death.

[Kevin]

I, for one, have never heard of the "but I was a pledge" defense, and that aside, this chapter might have been a balanced man chapter in which pledges don't really exist.

You'd be hard-pressed to find a judge or jury who cares about the difference between a pledge and an active. They were all engaged in a common purpose--getting beer to the tailgate party or consuming the beer. That said, this was a pretty ambitious tactic by the plaintiff, but I can see what he's doing and legally, I think it's sound.

Of course, I know nothing about Massachusetts law, so who knows?