On Monday morning, the Supreme Court will file its opinions in Gilead Tenofovir Cases and Los Angeles County Employees Retirement Assn. v. County of Los Angeles. (Briefs here (between the two cases, there are 24 amicus curiae briefs); oral argument videos here and here.)
As summarized by court staff, the issue in Gilead Tenofovir is: “Does a drug manufacturer have a duty of reasonable care to users of a drug it is currently selling, which is not alleged to be defective, when making decisions about the commercialization of an allegedly safer, and at least equally effective, alternative drug?” The court granted review in May 2024. More about the case here and here. First District, Division Two, Court of Appeal Justice Tara M. Desautels is the pro tem.
The multiple issues in the Employees Retirement Assn. case, also as summarized by court staff, are: ““(1) Does the board of a county public employee retirement system established under the County Employees Retirement Law of 1937 (CERL) (Gov. Code, § 31450 et seq.) have authority under the California Constitution and relevant statutes to create employment classifications and set salaries for employees of the retirement system? (2) Does Government Code section 31522.1 impose a ministerial duty on a county board of supervisors to include in the county’s employment classifications and salary ordinance the classifications and salaries adopted by the board of a county public employee retirement system for employees of that system? (3) Do Proposition 162 (Cal. Const., art. XVI, § 17) and CERL override a county board of supervisors’ constitutional authority to establish civil service classifications, set salaries, and maintain a civil service system for county employees under article XI of the California Constitution?” The court granted review in October 2024. More about the case here and here. First District, Division Five, Justice Mark B. Simons is the pro tem.
These will be the last of the nine early-May cases to be decided.
The opinions can be viewed Monday starting at 10:00 a.m.
