Mulcahy v. Eli Lilly & Co.

How courts have described this case

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

• rejecting market share theory in DES context on policy grounds and categorizing approach as more appropriately within the legislative domain
• rejecting market share theory in DES context on policy grounds and categorizing approach as more appropriately within the legislative domain
• explaining liability may attach when actor “was in some way responsible for the particular product that caused the injury”
• explaining liability may attach when actor “was in some way responsible for the particular product that caused the injury”
• “The imposition of liability upon a manufacturer for harm that it may not have caused ... is an act more closely identified as a function assigned to the legislature under its power to enact laws.”
• rejects a burden shift rule for the “market share liability” modification of Summers

Source: CourtListener parenthetical corpus (CC0).