In the year subsequent to Conte v. Wyeth, 168 Cal.App.4th 89 (2008), holding a name-brand manufacturer liable despite plaintiff only taking the generic equivalent, courts across the country have overwhelmingly rejected the Conte decision.
In the February 2010 issue of the IADC Drug, Device and Biotechnology Committee’s newsletter, Gordon & Rees attorneys Jack McCowan and Kai Peters analyze the nation's judicial response to California’s Conte decision. Their article analyzes the scope of Conte, cases that have evaluated and commented on the Conte decision, and Conte's staying power both within California and nation-wide.
Click here to read the full article.