In deciding whether to adopt a rule of [market share] liability, courts have considered the following factors: (1) the generic nature of the product; (2) the long latency period of the harm; (3) the inability of plaintiffs to discover which defendant’s product caused plaintiff's harm, even after exhaustive discovery; (4) the clarity of the causal connection between the defective product and harm suffered by plaintiffs; (5) the absence of other medical or environmental factors that could have caused or materially contributed to the harm; and (6) the availability of sufficient 'market share’ data to support a reasonable apportionment of liability. Restatement (Third) of Torts: Products Liability § 15 cmt. c (1998). 41 .See In re "Agent Orange” Prod. Liab. Litig., 597 F.Supp. at 819-20 (<HOLDING>). See also Hymowitz, 73 N.Y.2d at 512-13, 541
holding that to have standing a plaintiff must establish an injury in fact a casual connection between the injury and that the injury will be redressed by a favorable decision holding that because fact of injury was a distinct question from quantum of injury common proof could establish classwide injury even though amount of damage to each plaintiff was uncertain holding that if plaintiffs could not establish that the particular agent orange causing injury to the plaintiff was manufactured by that defendant then the burden would shift to each defendant to establish that its product could not have caused the plaintiffs injury or alternatively that it should only be responsible for a proportion of the damage holding that a plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if but only if said plaintiff 1 is closely related to the injury victim 2 is present at the scene of the injury producing event at the time it occurs and is then aware that it is causing injury to the victim and 3 as a result suffers serious emotional distress holding that a plaintiffs belief that a product could fail in the future is not without more a legal injury sufficient to support plaintiffs claim