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 and the California Chamber of Commerce on the brief, which was drafted by Ilana Eisenstein, Ben Fabens-Lassen, Alicia Hickock, and David Josefovits of DLA Piper LLP.
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