Litigation

August 3, 2026

DECIDED
Case

In re Gilead Tenofovir Cases

On August 3, 2026, the California Supreme Court rejected a radical new theory of liability for manufacturers of non-defective prescription drugs. The decision was welcome news for Washington Legal Foundation (WLF), which joined the U.S. Chamber of Commerce and the California Chamber of Commerce on an amicus brief urging reversal. In a 6-1 decision, the Court recognized significant problems with imposing liability on a product lacking any defect.

Documents

Filing Date Court Document
Aug 3, 2026 California Supreme Court - ruling Download File
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

Related Press Releases

Press Releases

August 3, 2026

In Victory for Common Sense, California Supreme Court Rejects Novel Liability Theory For Prescription Drugs

Case: In re Gilead Tenofovir Cases

Adopting arguments WLF and the U.S. and California Chambers of Commerce advanced, the California Supreme Court rejected a radical new theory of product liability.

Press Releases

November 5, 2024

WLF Asks California Supreme Court To Reject Novel Liability Theory For Prescription Drugs

Case: In re Gilead Tenofovir Cases

WLF urged the California Supreme Court to reject a radical new theory of liability for manufacturers of non-defective prescription drugs.

Press Releases

May 3, 2024

California Supreme Court Agrees To Review Novel Liability Theory For Prescription Drugs

Case: In re Gilead Tenofovir Cases

The Supreme Court of California agreed to review a controversial appeals court ruling that blesses a radical new theory of liability for manufacturers of non-defective prescription drugs.

Press Releases

March 4, 2024

WLF Asks California Supreme Court To Review Novel Liability Theory For Prescription Drugs

Case: In re Gilead Tenofovir Cases

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.

Press Releases

September 28, 2023

WLF Asks California Appeals Court To Reject Novel Liability Theory For Prescription Drugs

Case: In re Gilead Tenofovir Cases

“Imposing liability for non-defective products would be devastating to manufacturers and consumers alike.”—Cory Andrews, WLF General Counsel & Vice President of Litigation Click here for the brief. (Washington, DC)—Today Washington Legal Foundation (WLF) again urged California’s First District Court of Appeal to reject a radical new theory of liability for...

Press Releases

October 4, 2022

WLF Asks California Appeals Court To Reject Novel Liability Theory For Prescription Drugs

Case: In re Gilead Tenofovir Cases

“Imposing liability for designing non-defective products would be devastating to manufacturers and consumers alike.”—Cory Andrews, WLF General Counsel & Vice President of Litigation Click here for WLF’s brief. (Washington, DC)—Yesterday, Washington Legal Foundation (WLF) urged California’s First District Court of Appeal to overturn a trial court ruling that advances a...

Press Releases

July 7, 2022

WLF Asks California Appeals Court To Scrutinize Novel Liability Theory For Prescription Drugs

Case: In re Gilead Tenofovir Cases

“Imposing liability for non-defective products would be devastating to manufacturers and consumers alike.”—Cory Andrews, WLF General Counsel & Vice President of Litigation Click HERE for WLF's brief. (Washington, DC)—Washington Legal Foundation (WLF) today urged California’s First District Court of Appeal to review, and ultimately to overturn, a trial court ruling that advances...