(CA., filed September 4, 2025): Urging the court to review the lower court’s decision because in combination with the decision in Gilead, it threatens a radical expansion of tort liability for manufacturers. It creates perverse incentives and will discourage safety-related innovation. The lower court’s decision does not account for the complexities and tradeoffs inherent in designing a product line and is a blueprint for a new wave of litigation against manufacturers and contains no limiting principle.
