Lowenstein Sandler Wins Motions To Dismiss In Multidistrict "Off-Label" Litigation Case

Monday, July 5, 2010 - 01:00

Lowenstein Sandler has won motions to dismiss amended complaints filed by the third-party payors and consumer plaintiffs in multidistrict litigation class actions involving oncology drugs Temodar and Intron. Lowenstein represented defendant Schering-Plough (now Merck) in the putative class action, which sought damages for the alleged "off-label" marketing of the two drugs. In June 2010, the federal district court for the District of New Jersey dismissed the class action complaints with prejudice, finding that the plaintiffs failed to allege injury sufficient to confer Article III standing. The Lowenstein Sandler team included Gavin J. Rooney, Alan S. Modlinger and Miguel Alexander Pozo.

Lowenstein Sandler PC has once again received top honors for a number of its practice areas in Chambers USA: America's Leading Lawyers for Business (2010). The firm's Corporate, Litigation, Bankruptcy/Restructuring and Environmental practices all maintained their tier-one standings for another consecutive year. Lowenstein's Corporate practice has been top-ranked since the guide's inception in 2003. The firm's Litigation practice has also been consistently top-ranked, earning tier-one status for the seventh consecutive year. Lowenstein Sandler's Intellectual Property, Employee Benefits & Executive Compensation, Labor & Employment and Real Estate practices were also recognized for excellence.