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  • Market Share Liability

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    Jay Smith
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    The document discusses the legal theory of "market share liability" which holds defendants liable for damages in proportion to their share of the relevant market even if the specific negligent party cannot be identified. It analyzes a key court case, Hymowitz, and asks questions about whether the injury was from a signature disease, if the products were identical, if defendants can exculpate themselves, if specific negligence can be proven, how missing defendants are dealt with, and which market is considered.

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    Market Share Liability for Torts

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    The document discusses the legal theory of "market share liability" which holds defendants liable for damages in proportion to their share of the relevant market even if the specific negligent party cannot be identified. It analyzes a key court case, Hymowitz, and asks questions about whether the injury was from a signature disease, if the products were identical, if defendants can exculpate themselves, if specific negligence can be proven, how missing defendants are dealt with, and which market is considered.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    15 views1 page

    Market Share Liability

    Uploaded by

    Jay Smith
    The document discusses the legal theory of "market share liability" which holds defendants liable for damages in proportion to their share of the relevant market even if the specific negligent party cannot be identified. It analyzes a key court case, Hymowitz, and asks questions about whether the injury was from a signature disease, if the products were identical, if defendants can exculpate themselves, if specific negligence can be proven, how missing defendants are dealt with, and which market is considered.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 1

    MARKET SHARE

    Write a Note like Naomi Sheiner and you could be cited by the Ninth
    Circuit
    Market Share Liability

    Key Issues

    Qs 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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