We observed arguments last week in the California Supreme Court in Gilead Tenofovir Cases, and quality advocates on both sides put on a great performance. As we previewed last week, the case presents a question with potentially sweeping consequences for product liability law: Does a pharmaceutical manufacturer owe a duty of reasonable care
After nearly three years of litigation winding through California’s appellate courts, the closely watched Gilead Tenofovir Cases is finally set for oral argument before the California Supreme Court on Wednesday, May 6, 2026, at 9:00 a.m. in San Francisco. The case presents a question with potentially sweeping consequences for product liability law: Does a pharmaceutical
This post is from the non-Reed Smith, non-Dechert , and non-Holland & Knight side of the blog. Everyone else is involved.
The Good, the Bad, and the Ugly is a classic Clint Eastwood spaghetti Western where even the Good may not be all good. In California state court, a demurrer sustained is a defense win, right? Although there are some bright spots, In re Ranitidine Cases is one of the ugliest defense wins we have seen in a while, providing leave to amend and a roadmap for further expansion of the Gilead duty-to-innovate.
Continue Reading Post-Gilead Heartburn in the California Ranitidine Litigation
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
