Case Update: Gilead

Plaintiffs in our sister case at the federal level survived summary judgment, with the court declining to rule out most of the claims brought.  Design defect claims for plaintiffs in 41 states survived both preemption and summary judgment, with another two to be ruled on.  Claims regarding negligence pre-approval failures to warn also survived, along with associated implied warranty and consumer protection statute actions.  While this ruling does not directly affect the California-state case CGL and its partners are litigating, the decision complements the motion for summary judgment that plaintiffs won on the state level (which Gilead is currently appealing) and is another indication of the strength of plaintiffs’ position in these litigations.