On March 4, 2024, WLF urged the Supreme Court of California to review, and ultimately to overturn, an appeals court ruling that blesses a radical new theory of liability for manufacturers of non-defective prescription drugs. As WLF explained in its amicus brief, the appeals court’s theory of liability makes a hash of California tort law. Under longstanding principles governing product-based injuries, a concession that the product at issue is not defective should end the litigation. Eliminating the defect element from product-based claims would open the door to untethered liability and undermine product innovation beyond the drug and device space.
Documents:
WLF brief supporting certiorari