Tomorrow morning, the Supreme Court will file opinions in T. H. v. Novartis Pharmaceuticals Corp. and People v. Gallardo, which were both argued on the October calendar. (Briefs here; oral argument videos here and here.)
T. H. raises the issue whether the brand name manufacturer of a pharmaceutical drug that divested all ownership interest in the drug may be held liable for injuries caused years later by another manufacturer’s generic version of that drug. (Third District Court of Appeal Justice Louis Mauro is the pro tem.)
Gallardo will answer the question, was the trial court’s decision that defendant’s prior conviction constituted a strike incompatible with Descamps v. U.S. (2013) 570 U.S. __ (133 S.Ct. 2276) because the trial court relied on judicial fact-finding beyond the elements of the actual prior conviction? (Second District, Division Two, Court of Appeal Justice Brian Hoffstadt is the pro tem.)
The two opinions can be viewed tomorrow starting at 10:00 a.m.
