(5) Does a plaintiff have to allege that each toxin he takes from a named defendant was manufactured or supplied by that named defendant?
California, United States of America
The following excerpt is from Bockrath v. Aldrich Chemical Co., Inc., 21 Cal.4th 71, 86 Cal.Rptr.2d 846, 980 P.2d 398 (Cal. 1999):
(5) Finally, except in a case (unlike this one) governed by the principle of liability based on market share for a uniform product that we outlined in Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 612, 163 Cal.Rptr. 132, 607 P.2d 924, he must allege that each toxin he absorbed was manufactured or supplied by a named defendant.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any reason why plaintiff chose to pursue a claim against the first named defendant rather than the second named defendant? (California, United States of America)
How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Can defendants who used a fictitious name for a victim in a sexual assault case argue that using the name of the alleged victim prejudiced their actions? (California, United States of America)
What is the test for determining whether a plaintiff has a valid claim against a defendant who is not a plaintiff? (California, United States of America)
Is there any case law where a defendant has been successful in asserting that a plaintiff is a plaintiff in a civil case? (California, United States of America)
What is the test for limiting instructions to the jury in a case where a co-defendant admitted in evidence against another defendant of the same alleged crime? (California, United States of America)
Under what circumstances will a plaintiff be able to claim damages from a defendant who is not a defendant? (California, United States of America)
In what circumstances will a defendant be found guilty of manufacturing methamphetamine even if he did not know that methamphetamine was being manufactured? (California, United States of America)
Does a plaintiff have standing to bring an action alleging that he was injured as a result of alleged price-fixing? (California, United States of America)
