By Mara Cusker Gonzalez, Mary Kim and Christopher McKeon ( August 5, 2026, 4:43 PM EDT) -- In a long-awaited decision in Gilead Tenofovir Cases, the California Supreme Court held this week 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 drug. The ruling rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry....
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