A tip of the old cyberhat – and not for the first time – to Alan Modlinger at Lowenstein Sandler for passing along to us the latest good news on the off-label promotion front – dismissal (with leave to replead under Twombly) in In re Schering-Plough Corp. Intron/Temodar Consumer Class Action, slip op.
After a two-year investigation, the Department of Justice charged Intermune with misbranding the drug Actimmune by promoting it off-label to treat idiopathic pulmonary fibrosis.
(We like to use sentences like that. It gets our sophisticated readers salivating while discouraging the rest.)
After the deferred prosecution agreement and payment of the $42.5 million fine, the deluge.
Not too long ago – but eons ago by blogging standards – blog reader Alan Modlinger over at Lowenstein Sandler favored us with a copy of an opinion, District 1199P Health & Welfare Plan v. Janssen LLP, 2008 WL 5413105 (D.N.J. Dec. 3, 2008), in which the court blew out one of the other
This guest post was written by Edward J. Sebold and Ashlie E. Case. Mr. Sebold is a partner and Ms. Case is an associate, both resident in the Cleveland office of Jones Day. This post is entirely their work. It of course represents only their views and not the views of their clients