November 5, 2024

IN LITIGATION

In re Gilead Tenofovir Cases

On November 4, 2024, WLF urged the California Supreme Court to reject a radical new theory of liability for manufacturers of non-defective prescription drugs. As explained in WLF’s amicus brief, the trial 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. WLF joined the U.S. Chamber of Commerce, the California Chamber of Commerce, and the National Retail Federation on the brief, which was drafted by Ilana Eisenstein, Ben Fabens-Lassen, Alicia Hickock, and David Josefovits of DLA Piper LLP.

Documents

Filing Date Court Document
Nov 4, 2024 California Supreme Court - merits Download File
Mar 4, 2024 California Supreme Court - certiorari Download File
Sep 28, 2023 California Court of Appeal Download File
Oct 3, 2022 California Court of Appeal - merits Download File
Jul 7, 2022 California Court Appeal - petition for writ Download File