Monell & Lashley v. Terwilliger

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that while market-share liability involves an assessment of damages, it is, fundamentally, a theory of assessing liability, and that the market-share liability theory applies only where the alternative liability theory does not
• recognizing that while market-share liability involves an assessment of damages, it is, fundamentally, a theory of assessing liability, and that the market-share liability theory applies only where the alternative liability theory does not
• noting that alternative liability and market share liability “are exceptions to the general rule that a plaintiff has to prove an injury was caused by the negligence of a particular defendant”
• asbestos-containing products do not create similar risks of harm required for application of alternative liability theory
• asbestos-containing products do not create similar risks of harm required for application of alternative liability theory
• refusing to apply Sindell to asbestos products on grounds that there was a difference between risks associated with asbestos and that it would be inherently unfair to hold companies accountable for market share

Source: CourtListener parenthetical corpus (CC0).