Opinion
Master File No. 1:00-1898, No. MDL 1358 (SAS)., M21-88.
May 13, 2005
Robert Gordon, Esq. Stanley N. Alpert, Esq. C. Sanders McNew, Esq. Weitz Luxenberg, P.C., New York, NY, Liaison Counsel for Plaintiffs.
Peter John Sacripanti, Esq. James A. Pardo, Esq. Stephen J. Riccardulli, Esq. McDermott, Will Emery LLP New York, NY, Liaison Counsel for Defendants.
AMENDED OPINION AND ORDER
The Opinion and Order filed on April 20, 2005 shall be amended as follows:
Footnote 102:
See Restatement (Third) of Torts: Liability for Physical Harm § 28 cmt. o (Proposed Final Draft No. 1, 2005).
The text accompanying Footnote 103:
With respect to toxic substances, a draft of the Restatement (Third) of Torts explains:
When market-share liability is limited to fungible products that pose equivalent risks to users who have no reasonable means to prove which manufacturer provided the product that caused plaintiff's harm, it has an exceedingly limited reach. . . . Only products that cause harm after a lengthy latency period between exposure and development of harm are likely to create the systemic proof problems that market-share liability addresses. Many toxic substances, including asbestos products, do not pose equivalent risks to all exposed to the products.
SO ORDERED.