On September 28, 2023, WLF urged California’s First District Court of Appeal to reject a radical new theory of liability for manufacturers of non-defective prescription drugs. As explained in WLF’s supplemental 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 Alliance for Automotive Innovation on the supplemental amicus brief, which was drafted by Justin Sarno and Ben Fabens-Lassen of DLA Piper LLP.
Documents:
Supplemental brief