Pioneer Liability After Conte V. Wyeth

Law360, New York (January 13, 2009, 12:00 AM EST) -- “Pioneer liability” refers to the liability of the manufacturer of a branded product — the “pioneer” manufacturer — for injuries that arise from using a generic version of the product manufactured by a different company.

Historically, the majority of jurisdictions have held that a manufacturer cannot be held liable for injuries arising from a product it neither manufactured nor sold, and litigants have discounted pioneer liability as a viable theory of recovery.

But, a recent case from the California Court of Appeals bucked this trend by...
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