Case Detail

Asahi Kasei Pharma Corp. v. Actelion Ltd.
On March 13, 2014, the California Supreme Court issued a brief order declining to review an appeals court decision that lifts virtually all restrictions on the award of damages for prospective lost profits. The decision was a setback for WLF, which filed a brief urging that review be granted. A trial court awarded nearly $400 million in lost-profits damages to a small company claiming that, but for the defendants’ actions, a drug it was beginning to develop would have been approved by FDA and would have been a huge commercial success. WLF argued that lost profits should never be awarded unless it is “reasonably certain” that they would have been earned but for the defendants’ conduct—a standard the plaintiff did not meet. WLF argued that it is impossible for a manufacturer whose drug is at the early stages of development to demonstrate “reasonable certainty” of FDA approval. WLF noted that the great majority of drugs that reach a similar developmental stage are never approved.
Case Status:
Review denied.
More Information and Downloads:
2/25/2014: Download the Brief

  • Welcome to the Washington Legal Foundation
  • 2009 Massachusetts Ave., NW
    Washington, DC 20036
  • info@wlf.org  |  ph. 202-588-0302
    ©2018 WLF All Rights Reserved