of injury each defendant created to the public-at-large.” (Hymowitz, 73 N.Y.2d at 512, 539 N.E.2d at 1078, 541 N.Y.S.2d at 950.) A defendant can exculpate itself only through proof that it did not participate in the marketing of DES for pregnancy use. The rule also provides that liability is several only, and is not to be inflated if all the manufacturers are not before the court. Though it is too early to determine how Hymowitz will be received, it certainly is the most radical in its departure from established tort principles and it is admittedly flawed in that it cannot equate liability to actual harm caused. (Hymowitz, 73 N.Y.2d at 512, 539 N.E.2d at 1078, 541 N.Y.S.2d at 950; see Shackil v. Lederle Laboratories (1989), 116 N.J. 155, 197, 561 A.2d 511, 532 (O’Hern, J., dissenting) (<HOLDING>); Note, Hymowitz v. Eli Lilly: New York Adopts
holding that federal courts are under an obligation to examine their own jurisdiction and standing is perhaps the most important of the jurisdiction doctrines recognizing nasdaq as an efficient market holding that traditional allocation of burden of proof to the party challenging the decisions applies to decisions under the tca recognizing hymowitz as perhaps the most controversial of the market share decisions holding that this courts review of board decisions is limited to final orders or final decisions