The court should split damages 50/50 among apparent primary parties, then allow a subsequent collateral action. This preserves the appearance of neutrality. Ruling: Plaintiff and Defendant each bear 50%.
Judge Marcus Thorne, the original author of the Case 2 opinion, circulated a draft that reframed the entire debate. He argued that the question was not "how long" the duty lasts, but "how the duty is discharged." His key insight: a manufacturer could satisfy its duty not by tracking every individual buyer for decades, but by contributing to a —exactly the remedy the petitioners had proposed. Lomp-s Court - Case 3