RICO (the “Racketeering Influenced Corrupt Organizations” statute) is a square hammer that plaintiffs’ lawyers try to force into the round hole of drug and device litigation. So why are we seeing an increase in RICO cases? Well, there’s that whole treble damages and attorney’s fees aspect that makes a RICO claim lucrative, and then there’s
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.
Sometimes we just happen to speak too soon. That happened yesterday, with our “rant” about off-label promotion. If we’d just waited until a day later, we’d have been able to incorporate the new opinion on that subject from the Epogen/Aranesp litigation. Here’s the money quote, from our perspective, in that opinion, about truthful off-label promotion:
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
A tip of the cap to the FDA Law Blog, which beat us to this story because the decision involves Seroquel, we had to find out if Bexis (whose firm is involved in that litigation) could blog about the case. It turns out he can, as long as he sticks to the legal principles
What do we hate more — cases that go against us, or 291-page decisions that we’re compelled to read to stay abreast of our field and to share with you in blog posts?
Today, it doesn’t matter. We get the worst of both worlds.
When the Supreme Court decided Bridge v. Phoenix Bond & Indemnity