Saturday, January 21, 2006
I'm a little puzzled about how I missed it last fall, but the Wisconsin Supreme Court extended "risk contribution" [big PDF] beyond the DES context, permitting plaintiffs injured by lead paint pigment to sue even without proof of the specific manufacturer of a generic product. The opinion has the usual justifications -- who's better able to internalize costs, who's more culpable, etc. Other than a case or two in the blood factor litigation, it's the only recent case I'm aware of -- though since I missed this one for half a year, maybe there are others out there.
In any event, I'll certainly be incorporating it into my factual causation discussions.