Abstract
The market share liability (MSL) theory generated much concern among marketers when it was introduced in the Sindell case in California in 1980. In the twelve years since that decision, courts in several states have considered the applicability of MSL in a variety of situations and have refined the theory considerably. This paper surveys key cases since 1980 and concludes that MSL has been upheld only by a handful of states and only in cases involving diethylstilbestrol (DES). The issues raised in Sindell and the ways in which courts have dealt with these issues are examined, and a policy solution for the recurring problems is proposed.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
