March 16, 2009

Market Share Liability & Punitive Damages

The Winter 2008 edition of the Columbia Journal of Law & Social Problems, now available on Westlaw, contains an article entitled "Market Share Liability: the Case for Evolution in Tort Law." The Westlaw citation is 42 CLMJSP 225.

The note, authored by Columbia student Andrew B. Nick, is primarily an attack on the California Court of Appeal's opinion in Magallanes v. Superior Court (1985) 167 Cal.App.3d 878, which held that punitive damages are unavailable in lawsuits based on market-share liability. The article criticizes the reasoning of Magallanes and argues that extending punitive damages to market-share cases "would allow the benefits of punitive damages to be achieved on a truly grand scale."

P.S. The name of the Magallanes opinion is misspelled throughout the article. Aren't law review editors supposed to catch that sort of thing?