New California Ranitidine Litigation Order Makes a Huge Mess of Everything

Litigation attorney Eric Alexander published a blog for Drug & Device Law analyzing a California coordinated proceeding order in In re Ranitidine Cases (JCCP 5150) that, in his view, disrupts basic civil procedure and product liability principles. He explains how, at the summary judgment stage, the court entertained a new "hybrid" manufacturing defect theory not pleaded in the operative complaint, which he argues sidestepped evidentiary burdens and effectively expanded California product liability beyond the established design, manufacturing and warning framework despite prior preemption rulings and a sparse record. The article contends the ruling will create uncertainty and added litigation costs, with hybrid claims likely to falter on appeal or further motion practice.

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