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Tag: innovator liability

December 22, 2017

Unending tort liability for innovators

The California Supreme Court issued a 4-3 decision in T.H. v. Novartis Pharmaceuticals Corporation. In doing so, the Court went further than it has ever gone before in applying the tort of negligent misrepresentation. ...

November 30, 2016

Causation, and not deep pockets, should dictate liability

Today we filed this amicus brief asking the California Supreme Court to overturn the flawed decision in T.H. v. Novartis, which would essentially impose never-ending tort liability on brand-name drug manufacturers for injuries caused by their generic counterparts.  By adopting an expansive theory of liability, the law threatens to drive up the cos ...