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.


WLF brief supporting certiorari

Supplemental brief

WLF Court of Appeal merits brief

WLF letter brief supporting review petition