Last week, the day the case came down, we threw up a quick post with our very preliminary thoughts about Conte v. Wyeth, which is now available at 2008 WL 4823066 (Cal. App. Nov. 7, 2008). That’s the generic Reglan case where the court held that, even though the generic manufacturer whose product the plaintiff took escaped liability under the learned intermediary rule, the pioneer manufacturer could be liable even though it didn’t sell the allegedly injurious product.
