No Defect, No Duty: California Supreme Court Reaffirms The Bedrock Of Products Liability Law
In Gilead Tenofovir Cases, the California Supreme Court held that drug manufacturers do not owe a duty of care to users of a nondefective drug when deciding whether and when to develop and market a potentially safer alternative. We previously covered Gilead’s appeal of lower court decisions permitting novel negligence claims to proceed in a 23,000 case coordinated proceeding. In a 6-1 decision on August 3, 2026, the California Supreme Court reversed and rejected a “duty-to-innovate” […]