Defense Counsel Journal

Amicus Briefs - Volume 84, Number 1

January 20, 2020

Amicus Curiae

The International Association of Defense Counsel has an active amicus curiae program, submitting briefs on issues of importance to IADC members and their clients. Through its amicus participation, the IADC has helped shape the law surrounding product liability, arbitration, class actions, attorney client privilege, punitive damages, civil discovery, standing, jurisdiction, and tort reform. This section of the Defense Counsel Journal is dedicated to highlighting recent amicus briefs so that the Journal's readers can benefit from the insights presented therein.

In T. H. v. Novartis Pharmaceuticals Corporation (filed 12/7/2016), the International Association of Defense Counsel and the Federation of Defense & Corporate Counsel filed a brief in support of defendant and respondent Novartis Pharmaceuticals argument that a brand name manufacturer of a pharmaceutical drug that divested all ownership interest in the drug should not held liable for injuries caused years later by another manufacturer's generic version of that drug.

In T.H., plaintiffs brought an action against respondents claiming that they were injured by a pharmaceutical product previously manufactured by the defendant, among others, despite the fact that Novartis had sold all interest in the product in question six years before plaintiffs were exposed to a generic alternative.   The IADC and FDCC’s brief argues that the bedrock product liability principal that a manufacturer should not be responsible for injuries caused by another manufacturer’s product should apply equally in the pharmaceutical context, and as such, defendant had no duty to prevent injuries caused by another manufacturer. The brief was co-authored by IADC member and Amicus Committee Chair M.C. Sungaila and Polly Fohn of Haynes & Boone, LLC.

For information on the IADC's amicus brief program and to view past briefs, please visit the Amicus Briefs page on the IADC website.

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