WebMarket share liability is a legal doctrine that allows a plaintiff to establish a prima facie case against a group of product manufacturers for an injury caused by a product, even when the plaintiff does not know from which defendant the product originated. The doctrine is unique to the law of the United States and apportions liability among the manufacturers … Web25 mrt. 2024 · Market share liability is a legal doctrine that allows a plaintiff to establish a prima facie case against a group of product manufacturers for an injury caused by a product, even when the plaintiff does not know from which defendant the product originated. The doctrine is unique to the law of the United States and apportions liability among the …
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Market share liability is a legal doctrine that allows a plaintiff to establish a prima facie case against a group of product manufacturers for an injury caused by a product, even when the plaintiff does not know from which defendant the product originated. The doctrine is unique to the law of … Meer weergeven Market share liability was introduced in the California case Sindell v. Abbott Laboratories. In Sindell, the plaintiffs were injured by DES, a drug prescribed to prevent miscarriage. The mothers of the plaintiffs had … Meer weergeven Jurisdictions and courts differ on the possibilities open to defendants to absolve themselves of market share liability. In Sindell (California), the court allowed defendants to bring forth exculpatory evidence and thus free themselves of liability. … Meer weergeven Sindell laid out the requirements for applying the doctrine of market share liability: First, the defendants in court must constitute substantially all of the market. This is a distinguishing factor from alternative liability Meer weergeven Sindell required plaintiffs to join defendant drug companies in a single action. A Wisconsin court took a different approach on this issue in Collins v. Eli Lilly Co. In Collins, the court found that the plaintiff could bring a cause of action against a single … Meer weergeven WebAbbott Laboratories et al. established a new doctrine of causation in product liability, “market share liability.” Under this doctrine the manufacturers of the drug DES, if found … tennis washington dc 2022
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WebMarket share liability can be defended in theory as enhancing societal welfare under a very narrow set of conditions. Most courts, following Sindell, have been sensitive to … WebNace Andrew B. (1991), “Market Share Liability: A Current Assessment of a Decade-Old Doctrine,” Vanderbilt Law Review, 44, 395–439. Google Scholar National Childhood Vaccine Injury Act (1986), 42 U.S.C.A. Sec 300aa-1 et seq. tennis washington milano