Would a Defendant Rather Be Sued by One DA, or 58 of Them?

Timothy Kowal, Esq.
October 13, 2021

Would a defendant rather be sued by one District Attorney, or 58 of them? Orange County Deputy District Attorney Kelly Ernby sued pharmaceutical company Abbott Laboratories for improperly delaying the release of the generic version of a drug. Surprisingly, the defendant argued the claim could not be brought by a single DA. (The Supreme Court disagreed.) Kelly tells Jeff Lewis and me that, had the defendant gotten its way, it might have led to a more complex and costly multi-district litigation. This downside to the strategy perhaps was not fully considered by the defense in this case.

Watch the clip here.

This clip is from the California Appellate Law Podcast episode 16, available here.

Tim Kowal helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com, and publishes a newsletter of appellate tips for trial attorneys at www.tvalaw.com/articles. His appellate practice covers all of California's appellate districts and throughout the Ninth Circuit, with appellate attorneys in offices in Orange County and Monterey County. Contact Tim at tkowal@tvalaw.com or (714) 641-1232.

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