We observed oral argument the other day in a case that could have a significant impact on potential liability under California tort law for pharma companies and all other innovators. In Gilead v. Superior Court, No. A165558 (Cal. Ct. App. First Dist.), a panel of the California Court of Appeal is considering whether a
Duty
Dog Bites and Good Deeds
By Steven Boranian on
Exploring Duty in the Third Restatement of Torts
By Bexis on

Mention the Third Restatement of Torts and the learned intermediary rule in the same sentence, and our response would be to cite §6(d) of the product liability part of the Restatement. But the Third Restatement also confirms that this widely followed (perhaps the most widely followed) legal rule also applies to negligence causes of…
D. Mass. Misreads New York Law to Make Patent-Holders Potentially Liable for Pre-Market Testing
By Stephen McConnell on
S.D. Texas Holds that Pharmacy Dispensing Wrong Drug Owes No Duty to Injured Third-Parties
By Stephen McConnell on

Way back in law school we learned that a plaintiff suing for negligence must satisfy four elements: (1) duty, (2) breach, (3) causation, and (4) injury. Every one of these elements can be a battleground. Even what seems like the simplest inquiry – whether the plaintiff was injured – can be controversial. We have …