This Note argues that courts should impose a due diligence requirement on plaintiffs as a prerequisite to the use of market share theory. Part I examines traditional products liability theories along with alternative theories and explains the relationship of due diligence to market share theory. Part II argues that due diligence should be a prerequisite to market share liability. Part III discusses the nature of due diligence in this context. Finally, Part IV considers various objections to a due diligence requirement and argues that they are essentially without merit.
Thomas C. Willcox,
The Application of a Due Diligence Requirement to Market Share Theory in DES Litigation,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol19/iss3/9