Product Identification
Proof that the claimant used or was exposed to this defendant's product.
A threshold element that fails often in inventories assembled through mass advertising, where claimants may recall a category of product but not a manufacturer or a purchase date. It is the mass tort analogue of claimant vetting in arbitration.
See also
- Claimant VettingVerification that each claimant is real, identifiable, and actually bound by the arbitration agreement.
- Lone Pine OrderA case management order requiring prima facie proof of exposure, injury, and causation early on.
- Specific CausationWhether the product actually caused this claimant's injury.
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