On May 1, 2024, the Supreme Court of California agreed to review an appeals court ruling that blesses a radical new theory of liability for manufacturers of non-defective prescription drugs. The decision was welcome news for WLF, which filed an amicus brief urging review. Under longstanding principles governing product-based injuries, WLF explained in its brief, 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