Gilead Tenofovir Cases, Gilead Sciences v. Superior Court of the City and County of San Francisco
(Ca., filed March 13, 2024): Urging the court to review the lower court’s decision to adopt an innovative theory of liability. The California Court of Appeal created a new duty to innovate. It significantly expanded product liability finding that even if a product is not defective or unreasonably dangerous, a company can be held liable if it was researching and developing another product that it “knew” was “safer” and did not release it fast enough.
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