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Tag: pharmaceuticals

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 ...

June 14, 2013

The road to the tort underworld is paved with innovator liability

Tapping their seemingly endless supply of ingenuity, plaintiffs' lawyers have come up with a new legal theory for reaching deep pockets, and just the name would send chills up the spine of Steve Jobs, Henry Ford, or Jonas Salk.  Under the theory of "innovator liability," manufacturers of brand-name drugs can be held liable for injuries ...