May 4, 2026
California's 'duty to innovate' creates impossible scenario for researchers
The 2024 decision in Gilead Tenofovir Cases, Gilead Sciences v. Superior Court of the City and County of San Francisco, effectively imposed a new "duty to innovate," creating unprecedented liability for product manufacturers across the state.
Lauren Sheets Jarrell
Vice President & Counsel
American Tort Reform Association
Civil Justice Policy
The California Supreme Court has a chance to bring some sanity back to the state this month as it reviews a case involving a company that was sued because they didn't release a new product quickly enough.
The California Court of Appeal found 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 that prod...
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