Decision below reported at 200 Cal.App.4th 442. This case presents the following issue: May a suit under the Cartwright Antitrust Act (Bus. & Prof. Code, § 16720 et seq.) be brought to challenge “reverse exclusionary payments” made by pharmaceutical manufacturers to settle patent litigation with generic drug producers and prolong the life of the patents in question?
(2) State Department of State Hospitals et al. v. Superior Court of Los Angeles County (Elaina Novoa, Individually and as Personal Representative, etc., Real Party in Interest), S215132
Decision below reported at 220 Cal.App.4th 1503. Petition for review after the Court of Appeal granted in part and denied in part a petition for peremptory writ of mandate. This case presents the following issues: (1) Did the state comply with the requirement of the Sexually Violent Predator Act (Welf. & Inst. Code, § 6600 et seq.) that it conduct a “full evaluation” of an inmate potentially qualifying as a “sexually violent predator” prior to the inmate’s release? (2) Did the Court of Appeal err in finding that, as a matter of law, plaintiff could not establish that defendants’ actions were a proximate cause of her injuries?
(3) South Coast Framing, Inc., et al. v. W.C.A.B. and Brandon Clark et al., S215637
Decision below nonpublished. Petition for review after the Court of Appeal annulled a decision of the Board. This case presents the following issue: Does a claim for workers’ compensation death benefits have a separate and distinct causation standard and burden of proof requiring that an industrial injury constitute a “material factor” contributing to the employee’s death, or does the standard require only that the industrial injury be a “contributing cause”?