(Download) "Brown V. Superior Court" by Supreme Court Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Brown V. Superior Court
- Author : Supreme Court Of California
- Release Date : January 31, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
In current litigation several significant issues have arisen relating to the liability of manufacturers of prescription drugs for injuries caused by their products. Our first and broadest inquiry is whether such a manufacturer may be held strictly liable for a product that is defective in design. The remaining questions relate to the scope of liability of producers of diethylstilbestrol (DES) under the market share theory enunciated in Sindell v. Abbett Laboratories (1980) 26 Cal. 3d 588 [163 Cal. Rptr. 132, 607 P.2d 924, 2 A.L.R.4th 1061] (hereafter Sindell). Specifically, we shall determine whether a plaintiff who proceeds under that theory may base her action on fraud or breach of warranty, and whether the manufacturers joined in the action are jointly and severally liable for any damages that may be awarded, or whether their liability is confined to their share of the relevant market for DES.
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