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Market Share Liability for Torts
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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