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Market Share Liability
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 manufacturers according to their share of the market for the product giving rise to the plaintiff's injury. Origins 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 taken DES while pregnant, and expert testimony showed this to be a proximate cause of reproductive tract cancers in the plaintiffs years later. The plaintiffs, however, could not ascertain which drug company distributed the DES taken by their mothers. The court responded by allowing the plaintiffs to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * '' Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?" ''Northwestern University Law Review The ''Northwestern University Law Review'' is a law review and student o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Santiago V
Santiago (, ; ), also known as Santiago de Chile, is the capital (political), capital and largest city of Chile as well as one of the largest cities in the Americas. It is the center of Chile's most densely populated Regions of Chile, region, the Santiago Metropolitan Region, whose total population is 8 million which is nearly 40% of the country's population, of which more than 6 million live in the city's continuous urban area. The city is entirely in the country's Chilean Central Valley, central valley. Most of the city lies between above mean sea level. Founded in 1541 by the Spanish conquistador Pedro de Valdivia, Santiago has been the capital city of Chile since colonial times. The city has a downtown core of 19th-century neoclassical architecture and winding side-streets, dotted by art deco, neo-gothic, and other styles. Santiago's cityscape is shaped by several stand-alone hills and the fast-flowing Mapocho River, lined by parks such as Parque Forestal and Balm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hamilton V
Hamilton may refer to: People * Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname ** The Duke of Hamilton, the premier peer of Scotland ** Lord Hamilton (other), several Scottish, Irish and British peers, and some members of the judiciary, who may be referred to simply as ''Hamilton'' ** Clan Hamilton, an ancient Scottish kindred * Alexander Hamilton (1755–1804), first U.S. Secretary of the Treasury and one of the Founding Fathers of the United States * Lewis Hamilton, a British Formula One driver *William Rowan Hamilton (1805–1865), Irish physicist, astronomer, and mathematician for whom ''Hamiltonian mechanics'' is named * Hamílton (footballer) (born 1980), Togolese footballer Places Australia * Hamilton, New South Wales, suburb of Newcastle * Hamilton Hill, Western Australia, suburb of Perth * Hamilton, South Australia * Hamilton, Tasmania * Hamilton, Victoria ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Becker V
Becker () is one of the German-language surnames, along with Bäcker and Baecker, that derive from the root, which refers to baking. The surname began as a name for a baker (and thus his family). In northern Germany it can also derive from the word ''Beck'' for ''Bach'' ("creek" or "brook") to denote origin. Geographical distribution As of 2014, 55.3% of all known bearers of the surname ''Becker'' were residents of Germany (frequency 1:287), 24.7% of the United States (1:2,891), 8.0% of Brazil (1:5,052), 2.7% of France (1:4,987), 2.0% of South Africa (1:5,431) and 1.2% of Canada (1:6,120). In Germany, the frequency of the surname was higher than the national average (1:287) in the following states: * 1. Saarland (1:84) * 2. Rhineland-Palatinate (1:123) * 3. Hesse (1:159) * 4. North Rhine-Westphalia (1:226) * 5. Saxony-Anhalt (1:248) People Surname *Alan Becker (born 1989), U.S. animator, YouTuber * Alan S. Becker (1946–2020), American lawyer and politician * Albert Becker (d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Asbestos
Asbestos () is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere by abrasion and other processes. Inhalation of asbestos fibres can lead to various dangerous lung conditions, including mesothelioma, asbestosis, and lung cancer, so it is now notorious as a serious health and safety hazard. Archaeological studies have found evidence of asbestos being used as far back as the Stone Age to strengthen ceramic pots, but large-scale mining began at the end of the 19th century when manufacturers and builders began using asbestos for its desirable physical properties. Asbestos is an excellent electrical insulator and is highly fire-resistant, so for much of the 20th century it was very commonly used across the world as a building material, until its adverse effects on human health were more widely acknowledg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collins V
Collins may refer to: People Surname Given name * Collins O. Bright (1917–?), Sierra Leonean diplomat * Collins Chabane (1960–2015), South African Minister of Public Service and Administration * Collins Cheboi (born 1987), Kenyan middle-distance runner * Collins Denny (1854–1943), American Bishop of the Methodist Episcopal Church, South * Collins Denny Jr. (1899–1964), American pro-segregationist lawyer. * Collins Hagler (born 1935), Canadian football player * Collins Injera (born 1986), Kenyan rugby player * Collins H. Johnston (1859–1936), American football player, medical doctor, surgeon, and civic leader * Collins John (born 1985), Liberia-born Dutch footballer * Collins Mbesuma (born 1984), Zambian footballer nicknamed ''The Hurricane'' or ''Ntofontofo'' * Collins Mensah (born 1961), Ghanaian sprinter * Collins Nweke (born 1965), Belgian politician of the Green Party * Collins Obuya (born 1981), Kenyan cricketer Companies * Collins Aerospace, avionics ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Court Of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by the State Senate to 14-year terms. The Chief Judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the Chief Judge of the State of New York. Its 1842 Neoclassical courthouse is located in New York's capital, Albany. Nomenclature In the Federal court system, and most U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its trial and intermediate appellate courts the " Supreme Court", and the court of last resort the Court of Appeals. This sometimes leads to confusion regarding the roles of the respective courts. Further adding to the misunderstanding is New York's terminology for jurists on its top two courts. Those who sit on its su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hymowitz V
Kay S. Hymowitz (born December 25, 1948) is an American author. Early life and education Born in Philadelphia, she earned her B.A. at Brandeis University, and her M.A. in English literature from Tufts University. Career She taught English literature and composition at Brooklyn College and at the Parsons School of Design. As of 2010 she was the William E. Simon fellow at the Manhattan Institute and a contributing editor of ''City Journal''. Her writing has appeared in the '' Wall Street Journal''. Personal life She lives in Brooklyn with her husband and three children. Views and reception In a '' Wall Street Journal'' editorial, Hymowitz argues that the widely reported marriage crisis is limited to certain sectors of the population. rital breakdown is not rampant across the land. It is concentrated among low-income and black couples. Americans seem to have a lot of trouble grasping this fact, probably because so much public space is taken up by politicians, celebrities ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exculpatory Evidence
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt. In many countries, including the United States, police and prosecutors are required to disclose to the defendant exculpatory evidence they possess before the defendant enters a plea (guilty or not guilty). In some countries such as Germany, the prosecutor has to actively search for both exculpatory and inculpatory circumstances and evidence before filing of action. Per the ''Brady v. Maryland'' decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so. While the prosecution is not required to search for exculpatory evidence and must disclose only the evidence in its possession, custody, or control, the prosecution's duty is to disclose all information known to any member of its team, e.g., police, inves ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lead Paint
Lead paint or lead-based paint is paint containing lead. As pigment, lead(II) chromate (, "chrome yellow"), lead(II,IV) oxide, (, "red lead"), and lead(II) carbonate (, "white lead") are the most common forms.. Lead is added to paint to accelerate drying, increase durability, maintain a fresh appearance, and resist moisture that causes corrosion. It is one of the main health and environmental hazards associated with paint. Lead paint has been generally phased out of use due to the toxic nature of lead. Alternatives such as water-based, lead-free traffic paint are readily available. In some countries, lead continues to be added to paint intended for domestic use, whereas countries such as the United States and the United Kingdom have regulations prohibiting its use. However, lead paint may still be found in older properties painted prior to the introduction of such regulations. Although lead has been banned from household paints in the United States since 1978, it may still ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
