i. Following Factors Required
a.All named defendants are potential tortfeasors
b.The allegedly harmful products are identical and share the same defective qualities (fungible)
c.The P is unable to identify which D caused her injury through no fault of her own
d.All of the manufacturers, which created the defective products during the relevant time, are named as Ds.
ii. You cannot be charged for more liability than the amount or % of market that you bear.
iii. The burden of proof shifts to any 1 individual D to prove they were not in the market at the time of the injury.
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