Theories of nuisance, market-share, and consumer protection liability have become increasingly popular among plaintiffs who cannot trace an alleged harm to any specific defendant. Recently, states and local governments have sought to impose market-share liability on companies based on allegedly misleading statements (or silence) about the potential effects of their products. These cases raise difficult legal issues that remain underdeveloped because the risk of a crippling damages award often pressures companies to settle claims early in litigation.
Featuring:

Mr. Theodore J. Boutrous, Partner, Gibson Dunn & Crutcher LLP
Mr. Elbert Lin, Chair, Issues & Appeals, Hunton Andrews Kurth LLP
Mr. Oramel H. Skinner, III, Executive Director, Alliance For Consumers
Moderator: Hon. William H. Pryor, Jr., Chief Judge, United States Court of Appeals, Eleventh Circuit