Firm Wins on Behalf of Merck Precedential Opinion Affirming Dismissal of Putative RICO Class Action
Gavin J. Rooney, Natalie J. Kraner
On behalf of Merck, as successor to Schering-Plough, Lowenstein Sandler won a precedential opinion from the Third Circuit affirming the dismissal of a putative RICO class action on behalf of third-party payors and consumers alleging injury arising from the alleged off-label promotion of the drugs Temodar and Intron. The Third Circuit affirmed the district court's finding that the plaintiffs had failed to allege sufficient facts to establish their standing to sue under Article III of the Constitution. The Lowenstein team included Gavin Rooney, Natalie Kraner and Kristin Muir.
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