Market Share Liability
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◼ Write a Note like Naomi Sheiner and you could be cited by the Ninth Circuit MARKET SHARE “Market Share Liability” Key Issues Q’s to Ask Hymowitz Is it a signature disease? Yes Is the product identical? Yes Can the defendant be exculpated? No Can the plaintiff prove specific Negligence? Yes How are missing defendants being dealt with? Several Liability Which market? National
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Market Share Liability for Torts
Transcript of Market Share Liability
◼ Write a Note like Naomi Sheiner and you could be cited by the Ninth Circuit
MARKET SHARE
“Market Share Liability” Key Issues
Q’s to Ask Hymowitz
Is it a signature disease? Yes
Is the product identical? Yes
Can the defendant be exculpated? No
Can the plaintiff prove specific Negligence?
Yes
How are missing defendants being dealt with?
Several Liability
Which market? National