SOLVED

66) Under the market share theory, one of the elements courts generally require is proof that the allegedly harmful products are ________. A) produced in the same way by all of the defendant-manufacturers. B) identical in nature. C) produced by the same manufacturer. D) identical and share the same defective qualities. E) produced in the same facility. [Lead paint] Alessia grew up in an old house. She was diagnosed with permanent kidney and nervous system damage, which doctors determined was linked to the lead paint she chipped off her windows and digested when she was younger. In order to offset some of the continuing medical costs, Alessia wants to sue the lead paint manufacturer, however, she doesn’t know what brand of paint was used in her home. The most popular brand of lead paint in her area at the time the interior of her house was painted was made by ColorCo, but PaintCo and BrightCo were significant producers also. 67) Which paint manufacturers can Alessia sue? A) ColorCo, PaintCo, and BrightCo, but only if their products were identical, shared the same defective qualities and were sold in Alessia’s area during the relevant time B) The manufacturer that most likely produced the paint that harmed her C) ColorCo, PaintCo, and BrightCo, but only if their products were identical, shared the same defective qualities, and they were the only manufacturers of lead paint in her area at the time D) ColorCo, the largest manufacturer E) The manufacturer that produced the paint that harmed her 68) Can Alessia sue only ColorCo, the largest lead paint manufacturer who manufactured the type of paint in her home, even though there are other paint manufacturers who produced an identical defective product? A) Yes, only if she can prove the defendant sold lead paint in her area. B) No, she must sue all manufacturers of lead paint. C) Yes, at least one court has held the plaintiff need sue only one maker of the allegedly defective product and the defendant may join other defendants to the suit. D) Yes, because the defendant was probably the one who sold the paint. E) No, she must sue all manufacturers who may have produced the paint in her home. 69) BrightCo wants to ask the court to dismiss it from the lawsuit. Which argument, if true, would not cause the court to dismiss BrightCo? A) BrightCo has never sold the product in Alessia’s area. B) Alessia cannot prove that BrightCo’s product was the product that caused Alessia harm. C) BrightCo sold the product in Alessia’s area, but not until last year. D) BrightCo’s product was not identical the product that harmed Alessia. E) There is no evidence that BrightCo’s products ever contained lead. 70) If Alessia is awarded a million dollars in her lawsuit, how would the judge apportion liability under the Market Share Theory? A) ColorCo, PaintCo, and BrightCo would be liable for their share of the market at the time the product was produced. B) ColorCo, PaintCo, and BrightCo would be liable for their share of the market at the time of Alessia’s injury. C) ColorCo, PaintCo, and BrightCo would be liable for their share of the market at the time of the judgment. D) ColorCo, PaintCo, and BrightCo would each be liable for 1/3 of the judgment. E) ColorCo, PaintCo, and BrightCo would be liable for their share of the market at the time the paint was purchased. Â Â