On October 3, 2022, WLF asked California’s First District Court of Appeal to reverse a trial court ruling that advances a radical new theory of liability for manufacturers of non-defective prescription drugs. Joining the U.S. Chamber of Commerce, the California Chamber of Commerce, and the Alliance for Automotive Innovation on an amicus brief, WLF contends that eliminating the defect element from product-based claims would open the door to untethered liability and undermine product innovation. And because nothing in the trial court’s decision limits this new tort theory to prescription drugs, the ruling invites a torrent of abusive lawsuits against the makers of other beneficial and non-defective products as well. The amicus brief was drafted with the pro bono assistance of Ilana Eisenstein and Justin Sarno of DLA Piper LLP.


WLF merits brief

WLF letter brief supporting review petition