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We observed oral argument the other day before the California Supreme Court in Himes v. Somatics, a case that places California’s learned intermediary doctrine squarely in the spotlight.  A learned intermediary case before the California Supreme Court?  For your ever-vigilant DDL bloggers, that is like Thanksgiving and Christmas wrapped into one! 

Who will be

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It is a simple fact that product liability plaintiffs almost always prefer state court and product liability defendants almost always prefer federal court.  This is a major reason why removal fights, sometimes intertwined with personal jurisdiction fights, happen so often in these types of cases.  Another reason is that product liability plaintiff lawyers like to

Photo of Steven Boranian

We reported a few months ago on oral argument in the California Court of Appeal in Gilead Life Sciences v. Superior Court, where the parties argued about whether California law recognizes a broad “duty to innovate.”  At issue was whether a product manufacturer could be liable to patients taking one drug for failing to

Photo of Steven Boranian

California’s Proposition 65 has become a poster child for ineffective and counterproductive over-warning.  You know what we are talking about.  Prop 65 is the voter-enacted law that requires businesses to warn Californians about significant exposures to chemicals that allegedly cause cancer or birth defects.  See Cal. H&S Code § 25249.5 et seq.  A decent idea