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"Inability to locate evidence, however, does not alone justify the extraordinary step of applying market share liability".
[547 Pa .232] Adoption of the market share liability theory would result in a significant departure from this rule.
If Boeing believes that any suppliers are at fault, it typically would file a counterclaim against those suppliers to force them to share liability, Kabateck said.
Thus, application of market share liability to such a manufacturer would impose on it disproportionately high share of the damages awarded.
As we find that application of market share liability to lead paint cases would grotesquely distort liability, we decline to apply it in this case.
This case presents an alternative theory of liability—"market share liability"—which may relax the requirements of causation in the context of harmful commercial products.
Similar(35)
What lawyer today, for example, wants to share liabilities with an "aggressive" accountant?
The cynical one is that Germany is trying to block any move to share liabilities for Europe's banks, or at least delaying until after its federal election this autumn.
That official would have a single budget, the power to harmonize and raise taxes, as well as the ability to share liabilities between countries for public finances and debts.
Reserve never recorded and it does not contend that it had any losses or expenses in connection with its purported quota share liabilities.
Lisa A. Perillo, Note: Scraping Beneath the Surface: Finally Holding Lead-Based Paint Manufacturers Liable by Applying Public Nuisance and Market-Share Liability Theories?, 32 Hofstra L.Rev.
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