T.H. v. Novartis Pharmaceutical Corp.
- Case Date: 12/7/2016
- Project Name: Civil Justice Reform
On December 7, 2016, WLF called on the California Supreme Court to reverse a controversial appeals court ruling that would permit plaintiffs injured by the generic version of a drug to sue the former, branded manufacturer of that drug. In its brief in the case, WLF rebutted the Plaintiffs’ suggestion that federal preemption of state-law tort claims against generic drug manufacturers somehow justifies the radical imposition of liability on former branded manufacturers of the same drug. Rather, WLF’s brief argued, the lower court’s adoption of the little-known doctrine of “innovator liability” marks a sharp and unwarranted break from longstanding theories of liability and principles of tort law. WLF also argued that State courts are in no position to re-evaluate and balance the various conflicting concerns that drove Congress to the carefully calibrated liability regime that it has created for generic and branded drug manufacturers.
More Information and Downloads:
12/7/2016: Download the Brief