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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

Market Share Liability

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Market Share Liability for Torts

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Page 1: 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